MONTGOMERY COUNTY
|
Legislative and Regulatory Issues Impacting Montgomery County
March 2023
County Council selects three Planning Board Seats The Montgomery County Council voted for James Hedrick, Shawn Bartley and Mitra Pedoeem to fill three seats on the county’s Planning Board. Two of the votes were split, including one vote that needed to go through two rounds to break a tie vote. The county’s Planning Board makes decisions regarding future development in the county, including housing, economic opportunities, and parks. Some of its most prominent jobs in the coming months will be implementing Thrive Montgomery 2050, the update to the county’s general master plan, and searching for a new planning director, who heads the county Planning Department’s staff. Rent Stabilization Legislation MBIA anticipates that two pieces of legislation will be introduced next week, both targeting rental increases in Montgomery County. One bill will be rent cap, which would prohibit the landlord or property manager from increasing rental costs beyond a certain figure, most recently a rent cap was passed in both the City of Mount Rainer and Prince Georges County Council passed a three percent rent cap for a year. This bill is expected to be coming from the County Executive and Councilmembers Will Jawando and Kristin Mink as the lead sponsors. The other expected piece of legislation will look to stop any forms rent gouging over, requiring certain improvements or repair etc be made to a rental property in order to increase rents by a certain amount. Bill 25-22 – Forest Conservation Amendments Bill 25-22 which was originally introduced and had a public hearing back in 2022 was tabled and then had a second public hearing last month. The goal of the initiative is to achieve No Net Loss of Forest in Montgomery County. The amendments to the Forest Conservation Law and Regulations seek to achieve greater forest planting, as well as addressing several technical changes to clarify and update sections of the Code and Regulations. November 2022 Bill 13-22 All Electric Building Code Proposal The Montgomery County Council is considering legislation that would require the county to adopt all-electric building standards for most new construction and major renovations by January 2024.The bill is jointly sponsored by County Executive Marc Elrich and Hans Riemer, Chair of the council’s Planning, Housing and Economic Development Committee. The bill provides exemptions, such as New York’s provisions for laboratories, laundromats, hospitals, crematoriums, manufacturing facilities and commercial kitchens. Allowances are also included for emergency or standby power to be generated with fossil fuel systems. Public school buildings that apply for building permits before January of 2026 would also be exempt. Montgomery County’s Climate Action Plan targets reaching economy-wide net zero emissions by 2035 – 10 years earlier than Maryland’s goal. The county’s interim milestones include electrifying 85% of passenger vehicles and converting 75% of existing commercial buildings from fossil fuels to electric heat and hot water by 2027. Update – The bill was voted out of committee 3-0 with amendments; pushing the timeline back to 2025 for implantation and applying to only new construction. The full council took the bill up last week for briefings from the utility companies. On November 29th the bill up for a vote, MBIA has offered two additional amendments to exempt gas fireplaces and grills, as well as support a Method 1 v. Method Reg and push timeline to 2026 Expedited Bill 22-22, Landlord-Tenant Relations – Limitations on Rent Increases This bill introduced by the County Executive and Councilmember Will Jawadno would temporarily limit rent increases and notifications of rent increases, by landlords in the County. The lead sponsor is the Council President, at the request of the County Executive. If enacted, during a period of six months after its effective date, any notices of rent increases in the County would be limited to no more than 4.4 percent. In addition, during the six-month period, a landlord within the County would be precluded from notifying a tenant of a rent increase that exceeds 4.4 percent. The proposal seeks to extend a rent cap that expired on May 15th precluding landlords from increasing rents more than 0.4 percent. Update - Work session took place on 10/24 – committee requested further data from staff and the county execs office to better understand the proposal. This will most likely be taken up the new council Bill 3-22 – Climate Assessments (Exec Reg) The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Update – the bill will take effect March 1, 2023 as an executive regulation – MBIA hosted planning staff and the third party consultant to give an update on the most recent report. The report will be presented to the Planning Board on December 8th. OCTOBER 2022 Montgomery County Planning Board Members Resign On October 13th, the entire five member Montgomery County Planning Board resigned at the urging of the county council. The council will interview the top candidates for the temporary positions at its meeting on October 25 and will take a vote on October 27. The council is looking for individuals who have expertise in land use, planning, economic development, transportation, and environmental and park issues. The council received 128 applications for the temporary positions. The Planning Board will resume operations with the temporary appointees on November 3rd. Bill 13-22 All Electric Building Code Proposal The Montgomery County Council is considering legislation that would require the county to adopt all-electric building standards for most new construction and major renovations by January 2024.The bill is jointly sponsored by County Executive Marc Elrich and Hans Riemer, Chair of the council’s Planning, Housing and Economic Development Committee. The bill provides exemptions, such as New York’s provisions for laboratories, laundromats, hospitals, crematoriums, manufacturing facilities and commercial kitchens. Allowances are also included for emergency or standby power to be generated with fossil fuel systems. Public school buildings that apply for building permits before January of 2026 would also be exempt. Montgomery County’s Climate Action Plan targets reaching economy-wide net zero emissions by 2035 – 10 years earlier than Maryland’s goal. The county’s interim milestones include electrifying 85% of passenger vehicles and converting 75% of existing commercial buildings from fossil fuels to electric heat and hot water by 2027. Update – MBIA monitored and will submit additional comments following the first work session, the bill will be discussed further by the committee again November 3rd with a possible vite Expedited Bill 22-22, Landlord-Tenant Relations – Limitations on Rent Increases This bill introduced by the County Executive and Councilmember Will Jawadno would temporarily limit rent increases and notifications of rent increases, by landlords in the County. The lead sponsor is the Council President, at the request of the County Executive. If enacted, during a period of six months after its effective date, any notices of rent increases in the County would be limited to no more than 4.4 percent. In addition, during the six-month period, a landlord within the County would be precluded from notifying a tenant of a rent increase that exceeds 4.4 percent. The proposal seeks to extend a rent cap that expired on May 15th precluding landlords from increasing rents more than 0.4 percent. Update - Work session took place on 10/24 – committee requested further data from staff and the county execs office to better understand the proposal. This will most likely be taken up the new council Bill 3-22 – Climate Assessments (Exec Reg) The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Update – the bill will take effect March 1, 2023 as an executive regulation – at the next MoCo Chapter meeting we will have an update from Khalid at MNCPPC on the consultant analysis. Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. MBIA was updated at our July Chapter meeting on the status of the Thrive – Update – The Coucil adopted Thrive 2050 on October 25th. Forest Conservation - No Net Loss Proposal Montgomery County is proposing amending the Forest Conservation Ordinance to include a ‘No Net Loss’ component. The regulations seek to clarify and further develop administrative procedures to implement the submittal of applications under Chapter 22A of the County Code. MBIA has been working with planning staff, and has been a part of several work sessions in addressing the draft. Update: The public hearing took place in early October but the bill was pulled off the committee agenda and tabled until further notice. Most likely will be taken up by the next council. SEPTEMBER 2022 Bill 13-22 All Electric Building Code Proposal The Montgomery County Council is considering legislation that would require the county to adopt all-electric building standards for most new construction and major renovations by January 2024.The bill is jointly sponsored by County Executive Marc Elrich and Hans Riemer, Chair of the council’s Planning, Housing and Economic Development Committee. The bill provides exemptions, such as New York’s provisions for laboratories, laundromats, hospitals, crematoriums, manufacturing facilities and commercial kitchens. Allowances are also included for emergency or standby power to be generated with fossil fuel systems. Public school buildings that apply for building permits before January of 2026 would also be exempt. Montgomery County’s Climate Action Plan targets reaching economy-wide net zero emissions by 2035 – 10 years earlier than Maryland’s goal. The county’s interim milestones include electrifying 85% of passenger vehicles and converting 75% of existing commercial buildings from fossil fuels to electric heat and hot water by 2027. Update – MBIA testified before the council last week and submitted written testimony, a work session is scheduled for October 17th at PHED Expedited Bill 22-22, Landlord-Tenant Relations – Limitations on Rent Increases This bill introduced by the County Executive and Councilmember Will Jawadno would temporarily limit rent increases and notifications of rent increases, by landlords in the County. The lead sponsor is the Council President, at the request of the County Executive. If enacted, during a period of six months after its effective date, any notices of rent increases in the County would be limited to no more than 4.4 percent. In addition, during the six-month period, a landlord within the County would be precluded from notifying a tenant of a rent increase that exceeds 4.4 percent. The proposal seeks to extend a rent cap that expired on May 15th precluding landlords from increasing rents more than 0.4 percent. The hearing took place on July 26th, where the council was actually scheduled to act on the proposal but took the vote off the agenda, meaning the measure will not receive a vote until after lawmakers return from summer recess in September. Bill 3-22 – Climate Assessments (Exec Reg) The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Update – the bill will take effect March 1, 2023 as an executive regulation – currently planning staff and OLO are working to clarify how the bill be measured in terms of thresholds that need to be met or not exceeded by staff. They have also asked stakeholder engagement to work with staff on our feedback Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. MBIA was updated at our July Chapter meeting on the status of the Thrive - reviewed by a third-party consulting group. The council will hold a series of work sessions in the fall and will have to adopt Thrive by October 25th. Forest Conservation - No Net Loss Proposal Montgomery County is proposing amending the Forest Conservation Ordinance to include a ‘No Net Loss’ component. The regulations seek to clarify and further develop administrative procedures to implement the submittal of applications under Chapter 22A of the County Code. MBIA has been working with planning staff, and has been a part of several work sessions in addressing the draft. Update: The Planning Boards recommendations were submitted to the council in May, we were informed a timeline for the bill before the council, introduction on September 13th (tentative). MBIA has met w/ the council president and will continue to hold meetings with councilmembers. JULY 2022 Bill 13-22 All Electric Building Code Proposal The Montgomery County Council is considering legislation that would require the county to adopt all-electric building standards for most new construction and major renovations by January 2024.The bill is jointly sponsored by County Executive Marc Elrich and Hans Riemer, Chair of the council’s Planning, Housing and Economic Development Committee. The bill provides exemptions, such as New York’s provisions for laboratories, laundromats, hospitals, crematoriums, manufacturing facilities and commercial kitchens. Allowances are also included for emergency or standby power to be generated with fossil fuel systems. Public school buildings that apply for building permits before January of 2026 would also be exempt. Montgomery County’s Climate Action Plan targets reaching economy-wide net zero emissions by 2035 – 10 years earlier than Maryland’s goal. The county’s interim milestones include electrifying 85% of passenger vehicles and converting 75% of existing commercial buildings from fossil fuels to electric heat and hot water by 2027. The public hearing is scheduled for July 26th at 1:30 p.m. - Sign Up Here Bill 3-22 – Climate Assessments The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Update – the bill is still in the T&E Committee, still no scheduled committee date for July Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. The PHED Committee has held several work sessions over the last two months and is nearing the end of its work with Thrive Montgomery. Update – Thrive is currently being reviewed by a third party consulting group. The consultant is scheduled to report back to the council in September as the Council intends to act on Thrive in October. Forest Conservation - No Net Loss Proposal Montgomery County is proposing amending the Forest Conservation Ordinance to include a ‘No Net Loss’ component. The regulations seek to clarify and further develop administrative procedures to implement the submittal of applications under Chapter 22A of the County Code. MBIA has been working with planning staff, and has been a part of several work sessions in addressing the draft. Update: Still no timeline for when the proposal will be before the council - MBIA will be reaching out to councilmembers to meet prior to a hearing. JUNE 2022 Bill 3-22 – Climate Assessments The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Update – the bill is still in the T&E Committee, committee hearing to mid in late June Bill 16-21 – Building Energy Performance Standards – BEPS The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards. Update – BEPS, was unanimously passed by County Council on Tuesday April 19th. Watch the County Council session where BEPS passed here (at the 3 hour, 11-minute mark). The regulations will come at a later date for certain building types, as well as the makeup for the advisory board. The bill passed puts in place the framework for buildings over 25,000 sq. feet including residential units to start reporting - The application process for the advisory board is open until June 10th, please reach out to Griffin Benton if you have interest in applying. Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. The PHED Committee has held several work sessions over the last two months and is nearing the end of its work with Thrive Montgomery. Update – Thrive is currently with the council for full work sessions, the council is proposing a resolution to extend the date for them to take action from March 20th to May 19th. Consultant report is due back to the council by July 1. Montgomery County FY23 Budget Montgomery County Executive Marc Elrich released his recommended Fiscal Year 2023 (FY23) Operating Budget of $6.3 billion, which is an increase of 5.7 percent from FY22 approved all funds budget (County Government plus outside agencies. It is a 7 percent increase for the Montgomery County Government (all funds except for debt service). The recommended FY23 budget reflects significant and record level investments for Montgomery County Public Schools (MCPS), Montgomery College, affordable housing, economic development, public safety and efforts to combat climate change. The budget was adopted by the council on May 26th. Forest Conservation - No Net Loss Proposal Montgomery County is proposing amending the Forest Conservation Ordinance to include a ‘No Net Loss’ component. The regulations seek to clarify and further develop administrative procedures to implement the submittal of applications under Chapter 22A of the County Code. MBIA has been working with planning staff, and has been a part of several work sessions in addressing the draft. The most substantial changes - conservation thresholds are changing for the least dense categories and afforestation thresholds are increasing by 5% on the densest categories on sites less than 5 acres. Additionally, the mitigation ratios are increasing for clearing above and below the conservation threshold and vary based on whether the mitigation is provided in the same water shed or not. Update: MBIA submitted testimony and will be testified at the April 28th public hearing before the Planning Board. The board transmitted staff’s recommendations w/ amendments, to not increase the afforestation rate from 15 to 25 percent. The council will take the proposal up in June, with a public hearing to occur in July (most likely). MBIA will be reaching out to councilmembers to meet prior to a hearing. MAY 2022 Bill 3-22 – Climate Assessments The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Update – the bill is still in the T&E Committee Bill 16-21 – Building Energy Performance Standards – BEPS The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards. Update – BEPS, was unanimously passed by County Council last Tuesday, April 19th. Watch the County Council session where BEPS passed here (at the 3 hour, 11 minute mark). The regulations will come at a later date for certain building types, as well as the makeup for the advisory board. The bill passed puts in place the framework for buildings over 25,000 sq feet including residential units to start reporting – we will have DEP staff meet with members in the coming weeks. Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. The PHED Committee has held several work sessions over the last two months and is nearing the end of its work with Thrive Montgomery. Update – Thrive is currently with the council for full work sessions, the council is proposing a resolution to extend the date for them to take action from March 20th to May 19th. Consultant report is due back to the council by July 1. Montgomery County FY23 Budget Montgomery County Executive Marc Elrich released his recommended Fiscal Year 2023 (FY23) Operating Budget of $6.3 billion, which is an increase of 5.7 percent from FY22 approved all funds budget (County Government plus outside agencies. It is a 7 percent increase for the Montgomery County Government (all funds except for debt service). The recommended FY23 budget reflects significant and record level investments for Montgomery County Public Schools (MCPS), Montgomery College, affordable housing, economic development, public safety and efforts to combat climate change. Forest Conservation - No Net Loss Proposal Montgomery County is proposing amending the Forest Conservation Ordinance to include a ‘No Net Loss’ component. The regulations seek to clarify and further develop administrative procedures to implement the submittal of applications under Chapter 22A of the County Code. MBIA has been working with planning staff, and has been a part of several work sessions in addressing the draft. The most substantial changes - conservation thresholds are changing for the least dense categories and afforestation thresholds are increasing by 5% on the densest categories on sites less than 5 acres. Additionally, the mitigation ratios are increasing for clearing above and below the conservation threshold and vary based on whether the mitigation is provided in the same water shed or not. MBIA has submitted testimony and will be testifying at the April 28th public hearing. We have also informed the chapter to submit testimony and show up in person if they can. Timeline following the public hearing is still to be determined. MAY 2022 APRIL 2022 Bill 3-22 – Climate Assessments The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Update – the bill will go before the T&E Committee on March 28th for the first work session, we will follow up with the committee to address our comments Bill 16-21 – Building Energy Performance Standards – BEPS The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. Update –On March 14th the T&E committee was briefed on the report from Steven Winter Associates, outlining current building output and thresholds, as well as methods for setting building performance standards – the next work session is on Monday, March 28th Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. The PHED Committee has held several work sessions over the last two months and is nearing the end of its work with Thrive Montgomery. Update – Thrive is currently with the council for full work sessions, the council is proposing a resolution to extend the date for them to take action from March 20th to May 19th. Local Area Transportation Guidelines (LATR) - Montgomery County Last week the Montgomery County Planning Board was briefed, as well as took comments from the public on the guidelines. They are intended to ensure that development in Montgomery County is accompanied by appropriate and sufficient transportation facilities. They are used by the Planning Board and staff to estimate the impacts of development on the transportation network and determine effective ways to mitigate that impact. MBIA offered comments in regards to the draft guidelines, pushing for more credits for towards impacts taxes for site improvements. Update – the LATR Guidelines and Frontage Improvements were adopted at the last Planning Board session, and are now in effect. Montgomery County FY23 Budget Montgomery County Executive Marc Elrich released his recommended Fiscal Year 2023 (FY23) Operating Budget of $6.3 billion, which is an increase of 5.7 percent from FY22 approved all funds budget (County Government plus outside agencies. It is a 7 percent increase for the Montgomery County Government (all funds except for debt service). The recommended FY23 budget reflects significant and record level investments for Montgomery County Public Schools (MCPS), Montgomery College, affordable housing, economic development, public safety and efforts to combat climate change. Forest Conservation - No Net Loss Proposal Montgomery County is proposing amending the Forest Conservation Ordinance to include a ‘No Net Loss’ component. The regulations seek to clarify and further develop administrative procedures to implement the submittal of applications under Chapter 22A of the County Code. MBIA has been working with planning staff, and has been a part of several work sessions in addressing the draft. The most substantial changes - conservation thresholds are changing for the least dense categories and afforestation thresholds are increasing by 5% on the densest categories on sites less than 5 acres. Additionally, the mitigation ratios are increasing for clearing above and below the conservation threshold and vary based on whether the mitigation is provided in the same water shed or not. We are meeting with staff again, and with the workgroup again on March 30th. Timeline below - MARCH 2022 Bill 3-22 – Climate Assessments The proposed legislation would require all future county legislation to be evaluated for its effect on the climate/environment. The new bill would task the county’s Office of Legislative Oversight with conducting the climate impact review for any future bills, zoning text amendments, master plans or master plan amendments. The OLO review would have to be completed within 21 days of a bill’s introduction and must be available to the public at least 10 days before a public hearing. MBIA will be submitting testimony ahead of the March 1st public hearing. Bill 16-21 – Building Energy Performance Standards – BEPS The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. Update – Two work sessions have now been held, the third will be held on March 14th with a briefing from Steven Winter Associates who provided the technical report (link below) -A review of the building stock and energy benchmarking information of Montgomery County and development of an approximate list of buildings projected to be subject to a BEPS policy. This building stock was separated into building types to set technically feasible site EUI targets. -A recommended method for setting building performance standards, what the targets can be, and the estimated impacts of meeting those targets. Building Energy Performance Standard (montgomerycountymd.gov) Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. The PHED Committee has held several work sessions over the last two months and is nearing the end of its work with Thrive Montgomery. Update – Thrive is currently with the council for full work sessions, the council is proposing a resolution to extend the date for them to take action from March 20th to May 19th. Local Area Transportation Guidelines (LATR) - Montgomery County Last week the Montgomery County Planning Board was briefed, as well as took comments from the public on the guidelines. They are intended to ensure that development in Montgomery County is accompanied by appropriate and sufficient transportation facilities. They are used by the Planning Board and staff to estimate the impacts of development on the transportation network and determine effective ways to mitigate that impact. MBIA offered comments in regards to the draft guidelines, pushing for more credits for towards impacts taxes for site improvements. JANUARY 2022 Bill 44-21 – Energy Tax Revenue – Green bank Bill 44-21 was introduced by Councilmembers Friedson and Hucker, the bill would allocate 10 percent of the county’s energy-tax revenue, about $18 million annually to the green bank. The initiative has managed to skirt the tensions that have dogged other climate initiatives in the county, roughly the entire council has signed on in support. The Green Bank will leverage the funds in the private and public markets to provide much greater access to capital that can support the clean energy financing needs in our County. This will be a critical financing tool for energy retrofits of commercial and multifamily buildings and support addressing greenhouse gas emissions across the building sector. Public hearing was held in early December, the measure will go to committee in mid-January for the first of multiple work sessions. Bill 16-21 – Building Energy Performance Standards – The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. Update – Two work sessions have been held, with a third coming in January. Report/economic analysis should be available by next work session, still no timeline on committee report View here most recent work session - https://www.youtube.com/watch?v=BxPVsjBTsMQ Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. The PHED Committee has held several work sessions over the last two months and is nearing the end of its work with Thrive Montgomery. Update – still not timeline for adoption of Thrive, there has been pushback from county residents on certain aspects of Thrive, MBIA does support the plan and will continue to monitor council action Masterplan Updates -Greater Seneca - has been transmitted to the council and will be taken up next week
DECEMBER 2021 Bill 30-21 – Landlord-Tenant Relations – Restrictions Councilmember Jawando introduced Expedited Bill 30-21, Landlord-Tenant Relations – Restrictions during Emergencies – Extended Limitations against Rent Increases and Late Fees, which would extend the limitation on rent increases from 90 days to one year after the expiration of the public health emergency. In addition, the bill would prohibit charging late fees accrued during, and for one year after the emergency. In addition to limiting rent increases, the bill would prohibit landlords from charging fees accrued for late rent payments during the emergency and for a period of one year after the expiration of the emergency. MBIA has worked with AOBA and GCAAR on amendments Update – Bill 30-21 was voted on and passed by the council with amendments, including moving the timeline back from September to May for when landlords can start increasing rates Bill 16-21 – Building Energy Performance Standards – The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. Update – first work session was held in early November, was more of an overview of the bill and outlining key points. Next work session is scheduled for December 9th – View here (https://www.youtube.com/channel/UCj3Lj5xqJk9JeqsQtat-Ybw) Thrive 2050 Montgomery Thrive 2050 Thrive Montgomery 2050 is the county’s proposed update to the Wedges and Corridors Plan, which originated in the 1960s and was last updated in 1993. The PHED Committee has held several work sessions over the last two months and is nearing the end of its work with Thrive Montgomery. Update – still not timeline for adoption of Thrive, there has been pushback from county residents on certain aspects of Thrive, MBIA does support the plan and will continue to monitor council action Masterplan Updates -Greater Seneca - has been transmitted to the council and will be taken up next week
OCTOBER 2021 Bill 30-21 – Landlord-Tenant Relations – Restrictions Councilmember Jawando introduced Expedited Bill 30-21, Landlord-Tenant Relations – Restrictions during Emergencies – Extended Limitations against Rent Increases and Late Fees, which would extend the limitation on rent increases from 90 days to one year after the expiration of the public health emergency. In addition, the bill would prohibit charging late fees accrued during, and for one year after the emergency. In addition to limiting rent increases, the bill would prohibit landlords from charging fees accrued for late rent payments during the emergency and for a period of one year after the expiration of the emergency. A public hearing took place on September 14th – bill has not yet been scheduled for a committee work session Bill 16-21 – Building Energy Performance Standards – The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards, including amongst other delineated advisory functions, enforcement of benchmarking requirements and performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. Update – the bill hearing took place in late July, MBIA submitted testimony. We had DEP at our last chapter meeting – bill will be in the T&E Committee on October 14th AUGUST 2021 Bill 30-21 – Landlord-Tenant Relations – Restrictions Councilmember Jawando introduced Expedited Bill 30-21, Landlord-Tenant Relations – Restrictions during Emergencies – Extended Limitations against Rent Increases and Late Fees, which would extend the limitation on rent increases from 90 days to one year after the expiration of the public health emergency. In addition, the bill would prohibit charging late fees accrued during, and for one year after the emergency. In addition to limiting rent increases, the bill would prohibit landlords from charging fees accrued for late rent payments during the emergency and for a period of one year after the expiration of the emergency. The bill would not require landlords to refund late fees that have been paid already, but it would apply to any uncollected late fee for rent that became due on or after the date of the emergency, including rent that became due on or after the date of the emergency and before the effective date of Bill 30-21. The bill also would extend the sunset of the COVID-19 Renter Relief Act. The Act currently is scheduled to sunset 181 days after the expiration of the emergency. Bill 30-21 would extend the sunset until 18 months after the expiration of the emergency. A public hearing is tentatively scheduled for Sept. 14 at 1:30 p.m. Bill 16-21 – Building Energy Performance Standards – The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards, including amongst other delineated advisory functions, enforcement of benchmarking requirements and performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. The public hearing was set for June 15th but due to the budget and COVID taking up much of the council’s bandwidth, we requested the hearing be pushed to the summer. Council President Hucker agreed and the hearing has been moved. Update – the bill hearing was moved to July 20th at 1:30pm – we are currently working with other stakeholder groups and the chamber to form testimony https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2707_1_14390_Bill_16-2021_Introduction_20210504.pdf JULY 2021 Bill 16-21 – Building Energy Performance Standards – The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards, including amongst other delineated advisory functions, enforcement of benchmarking requirements and performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. The public hearing was set for June 15th but due to the budget and COVID taking up much of the council’s bandwidth, we requested the hearing be pushed to the summer. Council President Hucker agreed and the hearing has been moved. Update – the bill hearing was moved to July 20th at 1:30pm – we are currently working with other stakeholder groups and the chamber to form testimony https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2707_1_14390_Bill_16-2021_Introduction_20210504.pdf Montgomery County Climate Action Plan Montgomery County Executive Marc Elrich released a revised Climate Action Plan with 86 measures to cut greenhouse gas emissions (GHG) by 100% by 2035 compared to 2005 levels and help mitigate climate change risks. The lofty and ambitous plan includes measures such as a ban on natural gas in buildings and homes, all electric vehicles (elimination of parking spots) and increasing the usage of tools like solar panels. MBIA submitted comments in January on the initial draft and will continue to work with the county on addressing these climate needs. The FY22 budget allocated $400,000 for climate related needs. JUNE 2021 Bill 16-21 – Building Energy Performance Standards – The proposed legislation would modify the County’s current benchmark law to include additional County-owned, commercial, and multifamily buildings to the meet long-term energy performance standards. The legislation would create a 15-voting member Building Performance Improvement Board that will advise DEP on implementation of building energy performance standards, including amongst other delineated advisory functions, enforcement of benchmarking requirements and performance standards. MBIA has been working with other groups including AOBA, the Chamber of Commerce, and utility companies to compile our feedback and comments. The public hearing was set for June 15th but due to the budget and COVID taking up much of the council’s bandwidth, we requested the hearing be pushed to the summer. Council President Hucker agreed and the hearing has been moved. https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2707_1_14390_Bill_16-2021_Introduction_20210504.pdf Montgomery County Environmental Guidelines Update The Planning Board will host a public hearing on proposed updates to the Environmental Guidelines on June 3rd. Last year the Planning Board approved a scope for an update of the Environmental Guidelines. The project was delayed due to COVID and work on Thrive Montgomery 2050. Currently, a draft of the proposed updates is being prepared and a Public Hearing is projected for late May. As approved by the Planning Board, this is not a comprehensive re-evaluation and revision of the Guidelines, but a limited update to incorporate the requirements of the Ten Mile Creek Master Plan Amendment to the Clarksburg Master Plan and provide technical updates to reflect changes approved since 2000. The main updates will include the following:
Montgomery County Fiscal year 2022 Budget Proposal – Montgomery County Executive Marc Elrich recently released a $6.7 billion budget plan for the next fiscal year, recommending no tax-rate increases, a reorganization of the county’s police department, and targeted funding to support recovery from the pandemic. Of the $6.7 billion, roughly $6 billion would go to the operating budget and the remainder would to the Capital Improvements Program, debt service and reserves. The recommended $6 billion budget is an increase from the $5.8 billion budget the County Council approved in late May. Most of the proposed money for fiscal year 2022, which begins on July 1, would be funneled to county government and Montgomery County Public Schools operations at $2.2 billion and $2.8 billion, respectively. The current weighted average property tax rate is 97.85 cents per $100 assessed value. The income tax offset credit — provided against the county’s real property tax rate to offset increases of more than 2.6% of the county income tax revenues — is at $692. Here are some other highlights: ● $15 million for the Working Families Income Supplement program, which provides financial assistance to low-income working families, and $5 million to expand the program for residents who have a taxpayer identification number ● $89.1 million for affordable housing, the highest level in the county’s history ● $312.5 million in funding for Montgomery College May 2021 Attorney General Opinion – Mitigation Banking - Update Maryland’s Attorney General recently issued an opinion at the request of the Anne Arundel County Executive, concluding that acquisition of credits in a “forest retention bank” that preserves existing forest does not qualify as a mitigation under the Forest Conservation Act. According to the opinion, to qualify for mitigation, forest banks must have been intentionally planted or restored expressly for the purpose of providing credits as opposed to preserving existing forest. Some counties have accepted the use of forest retention banks to offset forest clearing on development sites, although at higher mitigation ratios. In response to the Attorney General’s opinion, Montgomery County has suspended the use of forest retention banks for mitigation and other jurisdictions are starting to stop accepting these applications for the time being. We have been working with Park and Planning in drafting a proposal to clarify that the forest retention banks do qualify as mitigation. Delegate Jim Gilchrist from Montgomery County will be introducing the bill. MBIA has been working with Park and planning to clarify the current practice does meet the state requirements. HB 991 passed the general assembly with amendments. The bill takes effect June 1st and counties will begin to start accepting the transfer of credits and certificates – please let me know if you have questions. http://mgaleg.maryland.gov/2021RS/bills/hb/hb0991e.pdf Montgomery County Fiscal year 2022 Budget Proposal – Montgomery County Executive Marc Elrich recently released a $6.7 billion budget plan for the next fiscal year, recommending no tax-rate increases, a reorganization of the county’s police department, and targeted funding to support recovery from the pandemic. Of the $6.7 billion, roughly $6 billion would go to the operating budget and the remainder would to the Capital Improvements Program, debt service and reserves. The recommended $6 billion budget is an increase from the $5.8 billion budget the County Council approved in late May. Most of the proposed money for fiscal year 2022, which begins on July 1, would be funneled to county government and Montgomery County Public Schools operations at $2.2 billion and $2.8 billion, respectively. The current weighted average property tax rate is 97.85 cents per $100 assessed value. The income tax offset credit — provided against the county’s real property tax rate to offset increases of more than 2.6% of the county income tax revenues — is at $692. Here are some other highlights: ● $15 million for the Working Families Income Supplement program, which provides financial assistance to low-income working families, and $5 million to expand the program for residents who have a taxpayer identification number ● $89.1 million for affordable housing, the highest level in the county’s history ● $312.5 million in funding for Montgomery College ZTA – 20-07, Bill 52-20 – Missing Middle Housing, Rent Control Two new county proposals would allow multifamily housing near Metro stations and protect renters in transit areas from price gouging. Council Member Will Jawando proposed the measures before the council to continue addressing the county’s need for more affordable housing. The proposed zoning change would specifically allow multifamily housing on R-60-zoned residential property within a mile of a Metrorail station. The structures would have to be within the building height, lot coverage, setbacks, minimum lot size and minimum parking requirements allowed in an R-60 zone. Bill 52-20 would require landlords to comply with county Department of Housing and Community Affairs rent guidelines if the property is within a mile of rail transit stations and within half a mile of bus rapid transit stations. The rent guidelines can change each year. The regulated rent could be increased by an allowable increase once a year. The landlord could also choose to “bank” the allowable increase and apply it another year. Annual reports on rent would need to be submitted to the county. We met w/ Councilmember on ZTA 20-07 and will offer our comments back on the measure, we are also working with AOBA on opposing Bill 52-50. We will not be taking a position on ZTA 20-07. Bills can be found below – The hearing took place on February 11th, both bills were heard in the evening. MBIA testified on both bills, offering a letter of information on ZTA 20-07 and opposing Bill 52-20. The next is step is for the bills to go through committee – ZTA 20-07 will be before PHED on March 15th ZTA 20-07- https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/zta/2020/ZTA%2020-07.pdf Bill 52-20 - https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2690_1_12109_Bill_52-2020_Introduction_20201208.pdf APRIL 2021
Attorney General Opinion – Mitigation Banking - Update Maryland’s Attorney General recently issued an opinion at the request of the Anne Arundel County Executive, concluding that acquisition of credits in a “forest retention bank” that preserves existing forest does not qualify as a mitigation under the Forest Conservation Act. According to the opinion, to qualify for mitigation, forest banks must have been intentionally planted or restored expressly for the purpose of providing credits as opposed to preserving existing forest. Some counties have accepted the use of forest retention banks to offset forest clearing on development sites, although at higher mitigation ratios. In response to the Attorney General’s opinion, Montgomery County has suspended the use of forest retention banks for mitigation and other jurisdictions are starting to stop accepting these applications for the time being. We have been working with Park and Planning in drafting a proposal to clarify that the forest retention banks do qualify as mitigation. Delegate Jim Gilchrist from Montgomery County will be introducing the bill.MBIA has been working with Park and planning to clarify the current practice does meet the state requirements. HB 991 passed the house with ammendmnets. Incorortating the technical study that the committee passed in 2018 from the Hughes Center on the states forest conservation act. The bill now moves to the senate for a hearing on March 31st in EHE. https://www.marylandattorneygeneral.gov/Opinions%20Documents/2020/105oag066%20.pdf Montgomery County Fiscal year 2022 Budget Proposal – Montgomery County Executive Marc Elrich recently released a $6.7 billion budget plan for the next fiscal year, recommending no tax-rate increases, a reorganization of the county’s police department, and targeted funding to support recovery from the pandemic. Of the $6.7 billion, roughly $6 billion would go to the operating budget and the remainder would to the Capital Improvements Program, debt service and reserves. The recommended $6 billion budget is an increase from the $5.8 billion budget the County Council approved in late May.Most of the proposed money for fiscal year 2022, which begins on July 1, would be funneled to county government and Montgomery County Public Schools operations at $2.2 billion and $2.8 billion, respectively. The current weighted average property tax rate is 97.85 cents per $100 assessed value. The income tax offset credit — provided against the county’s real property tax rate to offset increases of more than 2.6% of the county income tax revenues — is at $692. Here are some other highlights: ● $15 million for the Working Families Income Supplement program, which provides financial assistance to low-income working families, and $5 million to expand the program for residents who have a taxpayer identification number ● $89.1 million for affordable housing, the highest level in the county’s history ● $312.5 million in funding for Montgomery College ZTA – 20-07, Bill 52-20 – Missing Middle Housing, Rent Control Two new county proposals would allow multifamily housing near Metro stations and protect renters in transit areas from price gouging. Council Member Will Jawando proposed the measures before the council to continue addressing the county’s need for more affordable housing. The proposed zoning change would specifically allow multifamily housing on R-60-zoned residential property within a mile of a Metrorail station. The structures would have to be within the building height, lot coverage, setbacks, minimum lot size and minimum parking requirements allowed in an R-60 zone. Bill 52-20 would The bill would require landlords to comply with county Department of Housing and Community Affairs rent guidelines if the property is within a mile of rail transit stations and within half a mile of bus rapid transit stations. The rent guidelines can change each year. The regulated rent could be increased by an allowable increase once a year. The landlord could also choose to “bank” the allowable increase and apply it another year. Annual reports on rent would need to be submitted to the county. We met w/ Councilmember on ZTA 20-07 and will offer our comments back on the measure, we are also working with AOBA on opposing Bill 52-50. We will not be taking a position on ZTA 20-07. Bills can be found below – The hearing took place on February 11th, both bills were heard in the evening. MBIA testified on both bills, offering a letter of information on ZTA 20-07 and opposing Bill 52-20. The next is step is for the bills to go through committee – ZTA 20-07 will be before PHED on March 15th ZTA 20-07- https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/zta/2020/ZTA%2020-07.pdf Bill 52-20 - https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2690_1_12109_Bill_52-2020_Introduction_20201208.pdf Attorney General Opinion – Mitigation Banking
Maryland’s Attorney General recently issued an opinion at the request of the Anne Arundel County Executive, concluding that acquisition of credits in a “forest retention bank” that preserves existing forest does not qualify as a mitigation under the Forest Conservation Act. According to the opinion, to qualify for mitigation, forest banks must have been intentionally planted or restored expressly for the purpose of providing credits as opposed to preserving existing forest. Some counties have accepted the use of forest retention banks to offset forest clearing on development sites, although at higher mitigation ratios. In response to the Attorney General’s opinion, Montgomery County has suspended the use of forest retention banks for mitigation and other jurisdictions are starting to stop accepting these applications for the time being. We have been working with Park and Planning in drafting a proposal to clarify that the forest retention banks do qualify as mitigation. Delegate Jim Gilchrist from Montgomery County will be introducing the bill. MBIA has been working with Park and planning to clarify the current practice does meet the state requirements. The bill is House Bill 991 (below) and the hearing is taking place on February 24th at 1:30pm in the Environment and Transportation Committee https://www.marylandattorneygeneral.gov/Opinions%20Documents/2020/105oag066%20.pdf Montgomery County Climate Action Plan County Executive Marc Elrich release his aggressive Climate Action Plan in December which aims to shrink the county’s emissions by 80% by 2027 and 100% by 2035. The draft plan (link below) is more than 130 pages and was created by more than 200 volunteers and county employees and consultants, is currently open for public comment until the end of February and will be finalized in the spring of 2021. One of the county’s most prioritized action items is the Community Choice Energy program, a measure that Del. Lorig Charkoudian (D-Montgomery) introduced this year. It will be introduced again next year and would allow the county government to become an electric supplier and purchase more renewable energy to green its electricity grid. However, the success of this program depends on what happens in Annapolis next session. Only if it is passed at the state level can the county council pass local legislation required to move the program forward. Another prioritized climate action item is to create an energy performance standard for existing commercial and multifamily buildings, which make up 30% of Montgomery County’s total housing units. We have formed a workgroup to focus on consolidating our comments and feedback to the county, we support green initiatives and energy efficiency, but the county also has several lofty housing goals focusing on affordability and inventory, and this plan may have unintended consequences on the matter. The council has not yet taken a position on the plan – The timeline for comments is open until February 28th – the council and planning board have both been brief on the proposal and have expressed concerns ZTA – 20-07, Bill 52-20 – Missing Middle Housing, Rent Control Two new county proposals would allow multifamily housing near Metro stations and protect renters in transit areas from price gouging. Council Member Will Jawando proposed the measures before the council to continue addressing the county’s need for more affordable housing. The proposed zoning change would specifically allow multifamily housing on R-60-zoned residential property within a mile of a Metrorail station. The structures would have to be within the building height, lot coverage, setbacks, minimum lot size and minimum parking requirements allowed in an R-60 zone. Bill 52-20 would The bill would require landlords to comply with county Department of Housing and Community Affairs rent guidelines if the property is within a mile of rail transit stations and within half a mile of bus rapid transit stations. The rent guidelines can change each year. The regulated rent could be increased by an allowable increase once a year. The landlord could also choose to “bank” the allowable increase and apply it another year. Annual reports on rent would need to be submitted to the county. We met w/ Councilmember on ZTA 20-07 and will offer our comments back on the measure, we are also working with AOBA on opposing Bill 52-50. We will not be taking a position on ZTA 20-07. Bills can be found below – The hearing took place on February 11th, both bills were heard in the evening. MBIA testified on both bills, offering a letter of information on ZTA 20-07 and opposing Bill 52-20. The next is step is for the bills to go through committee – ZTA 20-07 will be before PHED on March 15th ZTA 20-07- https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/zta/2020/ZTA%2020-07.pdf Bill 52-20 - https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2690_1_12109_Bill_52-2020_Introduction_20201208.pdf DPS Helps Keep Residential Projects Moving Due to the pandemic and other factors, many permit holders and contractors are experiencing considerable shipping delays. The DPS residential inspection team will work with the permit holders and contractors to minimize any setbacks concerning their projects completion. The biggest challenge with materials seems to concern windows. If window shipments are delayed, our inspectors will complete a partial framing/close-in/concealment inspection. This can be approved, providing that the window openings are weathertight and protected from the elements. A separate framing inspection will be conducted once the windows are installed to ensure all codes and manufacturers’ instructions have been followed. If you have any further questions regarding this temporary policy, please contact Residential Manager James Sackett, Field Supervisor Dave Burch - David.Burch@montgomerycountymd.gov or Field Supervisor Jeremy Shupp at Jeremy.Shupp@montgomerycountymd.gov. DPS Constructive Comments (govdelivery.com) Attorney General Opinion – Mitigation Banking Maryland’s Attorney General recently issued an opinion at the request of the Anne Arundel County Executive, concluding that acquisition of credits in a “forest retention bank” that preserves existing forest does not qualify as a mitigation under the Forest Conservation Act. According to the opinion, to qualify for mitigation, forest banks must have been intentionally planted or restored expressly for the purpose of providing credits as opposed to preserving existing forest. Some counties have accepted the use of forest retention banks to offset forest clearing on development sites, although at higher mitigation ratios. In response to the Attorney General’s opinion, Montgomery County has suspended the use of forest retention banks for mitigation and other jurisdictions are starting to stop accepting these applications for the time being. We have been working with Park and Planning in drafting a proposal to clarify that the forest retention banks do qualify as mitigation. Delegate Jim Gilchrist from Montgomery County will be introducing the bill. https://www.marylandattorneygeneral.gov/Opinions%20Documents/2020/105oag066%20.pdf Montgomery County Climate Action Plan County Executive Marc Elrich release his aggressive Climate Action Plan in December which aims to shrink the county’s emissions by 80% by 2027 and 100% by 2035. The draft plan (link below) is more than 130 pages and was created by more than 200 volunteers and county employees and consultants, is currently open for public comment until the end of February and will be finalized in the spring of 2021. One of the county’s most prioritized action items is the Community Choice Energy program, a measure that Del. Lorig Charkoudian (D-Montgomery) introduced this year. It will be introduced again next year and would allow the county government to become an electric supplier and purchase more renewable energy to green its electricity grid. However, the success of this program depends on what happens in Annapolis next session. Only if it is passed at the state level can the county council pass local legislation required to move the program forward. Another prioritized climate action item is to create an energy performance standard for existing commercial and multifamily buildings, which make up 30% of Montgomery County’s total housing units. We have formed a workgroup to focus on consolidating our comments and feedback to the county, we support green initiatives and energy efficiency, but the county also has several lofty housing goals focusing on affordability and inventory, and this plan may have unintended consequences on the matter. The council has not yet taken a position on the plan – the next steps are a series of community virtual workgroups, and a more condensed draft to the council in the spring. The timeline for comments – open until the beginning of March, working with DPS Green Building as well on getting feedback to them. https://www.montgomerycountymd.gov/green/Resources/Files/climate/draft-climate-action-plan.pdf Bill 36-20 – Forest Conservation – Amendments Bill 36-20 is an expedited bill that seeks to apply certain changes to comply with the current state forest conservation law. The bill would apply the forest conservation law to two or more platted contiguous lots that collectively total at least 40,000 square feet under certain circumstances. It would modify provisions related to the preferred sequence for afforestation and reforestation, forest mitigation banks, and in lieu fees to conform to state law, while exempting agricultural activities from the forest stand delineation and forest conservation requirements only if the property remains in agricultural use. The bill would also exempt local government highway construction activities from forest stand delineation and forest conservation requirements. The bill hearing took place before the council on 9/22, we testified and submitted testimony– however we had been meeting w/ planning staff dating back to April and expressed our concerns, which they agreed with. The bill had its committee work session in T&E last week and the option of incorporating a ‘No Net Loss’ clause or one for one, was not included in this proposal. The bill was recommended to go to the full council once DNR addresses a storm water regulation question. ZTA – 20-07, Bill 52-20 – Missing Middle Housing, Rent Control Two new county proposals would allow multifamily housing near Metro stations and protect renters in transit areas from price gouging. Council Member Will Jawando proposed the measures before the council to continue addressing the county’s need for more affordable housing. The proposed zoning change would specifically allow multifamily housing on R-60-zoned residential property within a mile of a Metrorail station. The structures would have to be within the building height, lot coverage, setbacks, minimum lot size and minimum parking requirements allowed in an R-60 zone. Bill 52-20 would The bill would require landlords to comply with county Department of Housing and Community Affairs rent guidelines if the property is within a mile of rail transit stations and within half a mile of bus rapid transit stations. The rent guidelines can change each year. The regulated rent could be increased by an allowable increase once a year. The landlord could also choose to “bank” the allowable increase and apply it another year. Annual reports on rent would need to be submitted to the county. We met w/ Councilmember on ZTA 20-07 and will offer our comments back on the measure, we are also working with AOBA on opposing Bill 52-50. We will not be taking a position on ZTA 20-07. Bills can be found below ZTA 20-07- https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/zta/2020/ZTA%2020-07.pdf Bill 52-20 - https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2690_1_12109_Bill_52-2020_Introduction_20201208.pdf Montgomery County Climate Action Plan
County Executive Marc Elrich released his aggressive Climate Action Plan in December which aims to shrink the county’s emissions by 80% by 2027 and 100% by 2035. The draft plan (link below) is more than 130 pages and was created by more than 200 volunteers and county employees and consultants, is currently open for public comment until the end of February and will be finalized in the spring of 2021. One of the county’s most prioritized action items is the Community Choice Energy program, a measure that Del. Lorig Charkoudian (D-Montgomery) introduced this year. It will be introduced again next year and would allow the county government to become an electric supplier and purchase more renewable energy to green its electricity grid. However, the success of this program depends on what happens in Annapolis next session. Only if it is passed at the state level can the county council pass local legislation required to move the program forward. Another prioritized climate action item is to create an energy performance standard for existing commercial and multifamily buildings, which make up 30% of Montgomery County’s total housing units. We have formed a workgroup to focus on consolidating our comments and feedback to the county, we support green initiatives and energy efficiency, but the county also has several lofty housing goals focusing on affordability and inventory, and this plan may have unintended consequences on the matter. The council has not yet taken a position on the plan – the next steps are a series of community virtual workgroups, and a more condensed draft to the council in the spring. https://www.montgomerycountymd.gov/green/Resources/Files/climate/draft-climate-action-plan.pdf Bill 36-20 – Forest Conservation – Amendments Bill 36-20 is an expedited bill that seeks to apply certain changes to comply with the current state forest conservation law. The bill would apply the forest conservation law to two or more platted contiguous lots that collectively total at least 40,000 square feet under certain circumstances. It would modify provisions related to the preferred sequence for afforestation and reforestation, forest mitigation banks, and in lieu fees to conform with state law, while exempting agricultural activities from the forest stand delineation and forest conservation requirements only if the property remains in agricultural use. The bill would also exempt local government highway construction activities from forest stand delineation and forest conservation requirements. The bill hearing took place before the council on 9/22, we testified and submitted testimony– however we had been meeting w/ planning staff dating back to April and expressed our concerns, which they agreed with. The bill is currently in the T&E committee and was scheduled for a work session on October 7th, the work session was held due to some of the environmental groups that testified in support during the public hearing are now requesting that a no net loss/ one: one tree replacement be incorporated into this amendment. We oppose this amendment, and park and planning does as well. We met w/ Hans Riemer on this and he supports Bill 36-20 going through as is, without the amendment – will keep the chapter updated – December 2nd work session was cancelled and the will take place in January ZTA – 20-07, Bill 52-20 – Missing Middle Housing, Rent Control Two new county proposals would allow multifamily housing near Metro stations and protect renters in transit areas from price gouging. Council Member Will Jawando proposed the measures before the council to continue addressing the county’s need for more affordable housing. The proposed zoning change would specifically allow multifamily housing on R-60-zoned residential property within a mile of a Metrorail station. The structures would have to be within the building height, lot coverage, setbacks, minimum lot size and minimum parking requirements allowed in an R-60 zone. Bill 52-20 would require landlords to comply with county Department of Housing and Community Affairs rent guidelines if the property is within a mile of rail transit stations and within half a mile of bus rapid transit stations. The rent guidelines can change each year. The regulated rent could be increased by an allowable increase once a year. The landlord could also choose to “bank” the allowable increase and apply it another year. Annual reports on rent would need to be submitted to the county. We met w/ Councilmember on ZTA 20-07 and will offer our comments back on the measure, we are also working with AOBA on opposing Bill 52-50. We will not be taking a position on ZTA 20-07. Bills can be found below – ZTA 20-07- https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/zta/2020/ZTA%2020-07.pdf Bill 52-20 - https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2690_1_12109_Bill_52-2020_Introduction_20201208.pdf Montgomery County Builder Survey
MBIA wanted to share a new focused initiative that we want to introduce and build on in Montgomery County. The recent events caused by COVID-19 have created a renewed focus on the importance of home building and housing in the county, and we want to help celebrate that, while emphasizing the message that we need more housing in Montgomery County. As you all probably know, the number of residential building permits issued in Montgomery County over the past few years has been well below the historical average and as acknowledged by the County Council and MNCPPC, it is below the level of permits we need to support economic growth initiatives. There are recent positive signs that elected officials and Planning Staff are gaining a better understanding of the importance of housing through the COG report and the Council resolution that were adopted, the Planning Boards recommendations to the SSP, that include eliminating the moratorium, the recently passed SRA 20-01 to extend all active approvals for an additional two years, and legislation to facilitate more affordable housing. To that end we are sending a survey (see link below) to our current Montgomery County builders, as well as to builders that build in neighboring jurisdictions that may have considered building in Montgomery County or built here in the past, to understand more specifically the reasons why you aren’t building more housing here, what you would build if you had the opportunity, and what the biggest obstacles are to building more homes in Montgomery County. https://www.marylandbuilders.org/moco-survey.html Bill 36-20 – Forest Conservation – Amendments Bill 36-20 is an expedited bill that seeks to apply certain changes to comply with the current state forest conservation law. The bill would apply the forest conservation law to two or more platted contiguous lots that collectively total at least 40,000 square feet under certain circumstances. It would modify provisions related to the preferred sequence for afforestation and reforestation, forest mitigation banks, and in lieu fees to conform with state law, while exempting agricultural activities from the forest stand delineation and forest conservation requirements only if the property remains in agricultural use. The bill would also exempt local government highway construction activities from forest stand delineation and forest conservation requirements. The bill hearing took place before the council on 9/22, we testified and submitted testimony– however we had been meeting w/ planning staff dating back to April and expressed our concerns, which they agreed with. The bill is currently in the T&E committee and was scheduled for a work session on October 7th, the work session was held due to some of the environmental groups that testified in support during the public hearing are now requesting that a no net loss/ one:one tree replacement be incorporated into this amendment. We oppose this amendment, and park and planning does as well. We met w/ Hans Riemer on this and he supports Bill 36-20 going through as is, without the amendment – will keep the chapter updated – work session had been moved and will now be held on December 2nd at 1: 30pm. https://www.montgomerycountymd.gov/COUNCIL/ondemand/index.html ZTA – Missing Middle Housing Councilmember Riemer has been spearheading the push for more Missing Middle Housing in the county, Missing Middle housing types were common in the United States through the first half of the 20th century but have largely disappeared from development over the past 70 years. With current and future projected regional demographics and with an enormous need for more housing within Montgomery County, Missing Middle can provide needed additional housing options. Missing Middle building types help create a moderate density that can support public transit, services, and amenities within walking distance. Addressing this challenge must involve multiple housing types to meet the needs of existing and future demographics. This is a problem that cannot be solved with 200-unit, 8-story apartment buildings or 2,500 square-foot townhouses alone. Providing a way to allow for the development of Missing Middle housing is one way to meet that challenge. Developing these projects, however, is challenging due to market and economic challenges, unfavorable neighborhood perceptions and regulatory requirements. The 2018 Missing Middle Housing study provided an in-depth analysis of these challenges and identified potential ways they can be addressed. Creating an optional method of development in the smaller lot residential detached and townhouse zones is one way to provide a pathway to Missing Middle housing production. The draft text has been sent out to the chapter – the next step is to meet with council staff and Han’s staff to discuss how the proposal move forward. The councilman has expressed a desire to get something before the council prior to the Holiday recess. 2020 Subdivision Staging Policy Update – (County Growth and Infrastructure Policy) On November 16th, the Montgomery County Council officially adopted the new growth policy and unanimously voted to eliminate the county’s housing moratorium and updated a suite of other growth policies. The county updates these policies every four years in what was formerly known as the Subdivision Staging Policy and will now be known as the Growth & Infrastructure Policy. The council rejected the Planning Board’s recommendation to keep the housing moratorium in areas with high student enrollment growth due largely to high housing growth in predominately new single-family units. Instead, the council opted for a blanket approach removing the moratorium throughout the entire county. me builders, particularly those seeking to provide transit-oriented multifamily housing, no longer must worry about getting stuck in a housing moratorium. This has the potential to boost the housing development pipeline and change the perception of doing business in Montgomery in an era plagued by slow housing and job growth. This resolution takes effect on January 1, 2021 and applies to any application for a preliminary plan of subdivision filed on or after that date. https://montgomeryplanning.org/wp-content/uploads/2020/11/20210101-Text-of-the-2020-2024-Growth-and-Infrastructure-Policy-with-Maps.pdf Montgomery County Builder Survey
MBIA wanted to share a new focused initiative that we want to introduce and build on in Montgomery County. The recent events caused by COVID-19 have created a renewed focus on the importance of home building and housing in the county, and we want to help celebrate that, while emphasizing the message that we need more housing in Montgomery County. As you all probably know, the number of residential building permits issued in Montgomery County over the past few years has been well below the historical average and as acknowledged by the County Council and MNCPPC, it is below the level of permits we need to support economic growth initiatives. There are recent positive signs that elected officials and Planning Staff are gaining a better understanding of the importance of housing through the COG report and the Council resolution that were adopted, the Planning Boards recommendations to the SSP, that include eliminating the moratorium, the recently passed SRA 20-01 to extend all active approvals for an additional two years, and legislation to facilitate more affordable housing. To that end we are sending a survey (see link below) to our current Montgomery County builders, as well as to builders that build in neighboring jurisdictions that may have considered building in Montgomery County or built here in the past, to understand more specifically the reasons why you aren’t building more housing here, what you would build if you had the opportunity, and what the biggest obstacles are to building more homes in Montgomery County. https://www.marylandbuilders.org/moco-survey.html Bill 36-20 – Forest Conservation – Amendments Bill 36-20 is an expedited bill that seeks to apply certain changes to comply with the current state forest conservation law. The bill would apply the forest conservation law to two or more platted contiguous lots that collectively total at least 40,000 square feet under certain circumstances. It would modify provisions related to the preferred sequence for afforestation and reforestation, forest mitigation banks, and in lieu fees to conform with state law, while exempting agricultural activities from the forest stand delineation and forest conservation requirements only if the property remains in agricultural use. The bill would also exempt local government highway construction activities from forest stand delineation and forest conservation requirements. The bill hearing took place before the council on 9/22, we testified and submitted testimony– however we had been meeting w/ planning staff dating back to April and expressed our concerns, which they agreed with. The bill is currently in the T&E committee and was scheduled for a work session on October 7th, the work session was held due to some of the environmental groups that testified in support during the public hearing are now requesting that a no net loss/ one:one tree replacement be incorporated into this amendment. We oppose this amendment, and park and planning does as well. We met w/ Hans Riemer on this and he supports Bill 36-20 going through as is, without the amendment – will keep the chapter updated Montgomery County Commission on Redistricting The Montgomery County Council is seeking applicants for the County’s 11-member Commission on Redistricting. The positions must be filled by February 1, 2021. The deadline to apply for consideration is 5 p.m. on Monday, October 26, 2020.The Montgomery County Charter states that the County shall be divided into five Council districts for the purpose of nominating and electing five members of the Council. Each district shall be compact in form and be composed of adjoining territory. The new districts will be in effect for the 2024 Council election. The Charter also requires that the Council shall appoint a Commission on Redistricting. The Commission shall be composed of 11 registered voters who reside in the County. The Commission shall include at least one but no more than four members of each political party which polled at least 15 percent of the total vote cast for all candidates for the Council in the last preceding regular election. As a result of the 2018 General Election, there are two parties recognized by the State of Maryland: the Democratic Party and the Republican Party. At least one member of the Commission shall reside in each Council district. The commission shall, at its first meeting, select one of its members to serve as its chair. No person who holds any elected office shall be eligible for appointment to the Commission. Letters expressing interest, along with a resume no longer than four pages in length, in a position on the Commission on Redistricting must be emailed to County.Council@MontgomeryCountyMD.gov or received in the Office of the Montgomery County Council, 100 Maryland Avenue, 4th Floor, Rockville, MD 20850, DEADLINE extended to no later than 5 p.m., Monday, November 9th. https://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Item_ID=26860&Dept=1 Bill 29-20, Taxation – Payments in Lieu of Taxes – WMATA Metro Councilmember Riemer introduced Bill 29-20, along with several co-sponsors the bill would require the Director of Finance to offer a payment in lieu of taxes for a residential or commercial high-rise building constructed by a private developer on property leased from the Washington Metropolitan Area Transit Authority (WMATA) at a Metro Station. The Bill would require the payment in lieu of taxes that would exempt 100% of the real property tax that would otherwise be levied for a period of 15 years beginning in the year a use and occupancy permit is issued for the qualifying development. The bill would allow roughly 8,600 housing units to be built at the counties 13 metro stations, with roughly 1,500 qualifying as MPDU’s. A public hearing for this bill took place on July 28th, we submitted testimony in favor. The bill went through two joint committee work sessions, where it passed 4-1 in its current form. The bill passed the council, 7-2 and was vetoed by the County Executive on October 16th – the council decided to override the veto on October 27th, which also passed 7-2 https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2668_1_10752_Bill_29-2020_Introduction_20200707.pdf 2020 Subdivision Staging Policy Update – (County Growth Policy) The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. We have been in contact w/ planning staff and they’ve welcomed all feedback while they’re preparing the draft that goes to the planning board. We submitted written testimony and testified orally on June 11th. There have been work sessions over the past months, the board voted to transmit its recommendations to the council this past week. The policy is now before the full council work sessions - before the council must pass some form or keep the current policy in place by November 15th. https://montgomeryplanning.org/planning/functional-planning/subdivision-staging-policy/ Montgomery County Builder Survey
MBIA wanted to share a new focused initiative that we want to introduce and build on in Montgomery County. The recent events caused by COVID-19 have created a renewed focus on the importance of home building and housing in the county, and we want to help celebrate that, while emphasizing the message that we need more housing in Montgomery County. As you all probably know, the number of residential building permits issued in Montgomery County over the past few years has been well below the historical average and as acknowledged by the County Council and MNCPPC, it is below the level of permits we need to support economic growth initiatives. There are recent positive signs that elected officials and Planning Staff are gaining a better understanding of the importance of housing through the COG report and the Council resolution that were adopted, the Planning Boards recommendations to the SSP, that include eliminating the moratorium, the recently passed SRA 20-01 to extend all active approvals for an additional two years, and legislation to facilitate more affordable housing. To that end we are sending a survey (see link below) to our current Montgomery County builders, as well as to builders that build in neighboring jurisdictions that may have considered building in Montgomery County or built here in the past, to understand more specifically the reasons why you aren’t building more housing here, what you would build if you had the opportunity, and what the biggest obstacles are to building more homes in Montgomery County. https://www.marylandbuilders.org/moco-survey.html Bill 36-20 – Forest Conservation – Amendments Bill 36-20 is an expedited bill that seeks to apply certain changes to comply with the current state forest conservation law. The bill would apply the forest conservation law to two or more platted contiguous lots that collectively total at least 40,000 square feet under certain circumstances. It would modify provisions related to the preferred sequence for afforestation and reforestation, forest mitigation banks, and in lieu fees to conform with state law, while exempting agricultural activities from the forest stand delineation and forest conservation requirements only if the property remains in agricultural use. The bill would also exempt local government highway construction activities from forest stand delineation and forest conservation requirements. The bill hearing took place before the council on 9/22, we testified and submitted testimony– however we had been meeting w/ planning staff dating back to April and expressed our concerns, which they agreed with. Our testimony is attached - Montgomery County Commission on Redistricting The Montgomery County Council is seeking applicants for the County’s 11-member Commission on Redistricting. The positions must be filled by February 1, 2021. The deadline to apply for consideration is 5 p.m. on Monday, October 26, 2020.The Montgomery County Charter states that the County shall be divided into five Council districts for the purpose of nominating and electing five members of the Council. Each district shall be compact in form and be composed of adjoining territory. The new districts will be in effect for the 2024 Council election. The Charter also requires that the Council shall appoint a Commission on Redistricting. The Commission shall be composed of 11 registered voters who reside in the County. The Commission shall include at least one but no more than four members of each political party which polled at least 15 percent of the total vote cast for all candidates for the Council in the last preceding regular election. As a result of the 2018 General Election, there are two parties recognized by the State of Maryland: the Democratic Party and the Republican Party. At least one member of the Commission shall reside in each Council district. The commission shall, at its first meeting, select one of its members to serve as its chair. No person who holds any elected office shall be eligible for appointment to the Commission. Letters expressing interest, along with a resume no longer than four pages in length, in a position on the Commission on Redistricting must be emailed to County.Council@MontgomeryCountyMD.gov or received in the Office of the Montgomery County Council, 100 Maryland Avenue, 4th Floor, Rockville, MD 20850, no later than 5 p.m., Monday, Oct. 26, 2020. https://www2.montgomerycountymd.gov/mcgportalapps/Press_Detail.aspx?Item_ID=26860&Dept=1 Bill 29-20, Taxation – Payments in Lieu of Taxes – WMATA Metro Councilmember Riemer introduced Bill 29-20, along with several co-sponsors the bill would require the Director of Finance to offer a payment in lieu of taxes for a residential or commercial high-rise building constructed by a private developer on property leased from the Washington Metropolitan Area Transit Authority (WMATA) at a Metro Station. The Bill would require the payment in lieu of taxes that would exempt 100% of the real property tax that would otherwise be levied for a period of 15 years beginning in the year a use and occupancy permit is issued for the qualifying development. The bill would allow roughly 8,600 housing units to be built at the counties 13 metro stations, with roughly 1,500 qualifying as MPDU’s. A public hearing for this bill took place on July 28th, we submitted testimony in favor. The bill went through two joint committee worksessions, where it passed 4-1 in its current form - https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2668_1_10752_Bill_29-2020_Introduction_20200707.pdf 2020 Subdivision Staging Policy Update The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. We have been in contact w/ planning staff and they’ve welcomed all feedback while they’re preparing the draft that goes to the planning board. We submitted written testimony and testified orally on June 11th. There have been work sessions over the past months, the board voted to transmit its recommendations to the council this past week. The policy is now in committee and will go through a series of work sessions over the next several weeks before the council must pass some form or keep the current policy in place by November 15th https://montgomeryplanning.org/planning/functional-planning/subdivision-staging-policy/ RA 20-01, Rules of Interpretation – Computing Time Periods
Councilmember Hans Riemer this past week introduced SRA 20-01, SRA 20-01, that would extend the duration of all deadlines and validity periods established for previously approved subdivisions by 2 years. We at MBIA requested this from the councilman and he agreed to be the lead sponsor. This was done previously in the last recession, these are unprecedented times, and the building industry is critical to the economic stability and recovery of the state. An approved preliminary plan where the project is about to go through permits - If the expiration date is quickly approaching and then the project timeline got thrown off by weeks or months due to factors such as Stay at Home Orders, projects are going to be delayed in seeking permits as the project progresses. That scenario would result in the expiration of a good project, i.e., one that has already been reviewed by all applicable County agencies and MNCPPC. This legislation is also being co-sponsored by Councilmembers Navarro, Hucker, and Friedson. The hearing for this legislation took place on July 28th and action was taken immediately following the hearing, the bill passed unanimously. https://www.montgomerycountymd.gov/council/Resources/Files/agenda/col/2020/20200623/20200623_4A.pdf Montgomery County Builder Survey MBIA wanted to share a new focused initiative that we want to introduce and build on in Montgomery County. The recent events caused by COVID-19 have created a renewed focus on the importance of home building and housing in the county, and we want to help celebrate that, while emphasizing the message that we need more housing in Montgomery County. As you all probably know, the number of residential building permits issued in Montgomery County over the past few years has been well below the historical average and as acknowledged by the County Council and MNCPPC, it is below the level of permits we need to support economic growth initiatives. There are recent positive signs that elected officials and Planning Staff are gaining a better understanding of the importance of housing through the COG report and the Council resolution that were adopted, the Planning Boards recommendations to the SSP, that include eliminating the moratorium, the recently passed SRA 20-01 to extend all active approvals for an additional two years, and legislation to facilitate more affordable housing. To that end we are sending a survey (see link below) to our current Montgomery County builders, as well as to builders that build in neighboring jurisdictions that may have considered building in Montgomery County or built here in the past, to understand more specifically the reasons why you aren’t building more housing here, what you would build if you had the opportunity, and what the biggest obstacles are to building more homes in Montgomery County. https://www.marylandbuilders.org/moco-survey.html ZTA 20-01 – Solar in Ag. preserve The proposal led by Councilmember Hans Riemer will dedicate about 1,800 acres (about 2% of more than 90,000 acres zoned Ag Reserve) for dual use solar + farming is intended to help free our electricity grid from coal and gas power plants, which directly generate almost 30% of ALL greenhouse gas emissions. To get a sense of the impact, with state-of-the-art design and ever improving solar technology our plan could power as many as 50,000 homes*, or nearly 13% of our total residential housing units. It would be a huge step. Some critics oppose dual use "until we have deployed on every rooftop." The problem with that is that according to national experts, rooftops can only maximally provide half of the solar energy that we need to clean up the grid, and probably less. It is also important to remember that not everyone has a rooftop where they can install solar panels. With "community solar" projects, which our zoning proposal is designed to support, residents in apartment buildings and townhouses, for example, can still sign up for solar power service -- an essential strategy for a solar future. The proposal is currently going through committee and will go again before the full council in September. Montgomery Home Ownership Program Applicants who qualify and apply for the Montgomery Homeownership Program may access Down Payment Assistance loans in amounts up to $25,000 – or up to 40 percent of the household income of the prospective homeowner – whichever is less. Funds may be used for down payment or closing costs. Approved buyers also will receive a competitive rate Maryland Mortgage Program Loan to help complete their homebuying process. The Montgomery Homeownership Program leverages the Maryland Mortgage Program and is administered by the Maryland Department of Housing and Community Development, which provides similar down payment assistance across the state. These zero-interest down payment assistance loans can be used for modestly priced homes in Montgomery County. The loans are to be repaid upon the sale, payoff or transfer of the home. he program is part of Montgomery County’s ongoing efforts to provide more paths to homeownership. Montgomery County has committed $1 million in Fiscal Year 2021 to this program with the state of Maryland. For more information or to apply, visit Montgomery Homeownership Program. Bill 29-20, Taxation – Payments in Lieu of Taxes – WMATA Metro Councilmember Riemer introduced Bill 29-20, along with several co-sponsors the bill would require the Director of Finance to offer a payment in lieu of taxes for a residential or commercial high-rise building constructed by a private developer on property leased from the Washington Metropolitan Area Transit Authority (WMATA) at a Metro Station. The Bill would require the payment in lieu of taxes that would exempt 100% of the real property tax that would otherwise be levied for a period of 15 years beginning in the year a use and occupancy permit is issued for the qualifying development. The bill would allow roughly 8,600 housing units to be built at the counties 13 metro stations, with roughly 1,500 qualifying as MPDU’s. A public hearing for this bill took place on July 28th, we submitted testimony in favor. Worksessions will begin in September. https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2668_1_10752_Bill_29-2020_Introduction_20200707.pdf 2020 Subdivision Staging Policy Update The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. We have been in contact w/ planning staff and they’ve welcomed all feedback while they’re preparing the draft that goes to the planning board. We submitted written testimony and testified orally on June 11th. There have been work sessions over the past months, the board voted to transmit its recommendations to the council this past week. The council will host a public hearing for the SSP on September 15th at 7:30 p.m. https://montgomeryplanning.org/planning/functional-planning/subdivision-staging-policy/ DPS to Begin Enforcing Safety on Job Sites Montgomery County’s Department of Permitting Services (DPS), while conducting its regular inspections at construction sites, also will now be enforcing COVID-19-related safe-distancing and wearing of face coverings guidelines. It is critical that all job sites continue to follow the COVID-19 safety precautions. DPS Code Enforcement inspectors normally ensure compliance with the County’s development and construction standards. DPS has developed an enforcement process regarding COVID-19 safety precautions. The first step is to talk with the construction permit holder and any individuals in charge of the project on the safety requirements and how remediation efforts can be implemented at the work site. Continued violation of the regulations may result in the issuance of a Notice of Violation and/or a citation. DPS inspectors will only issue a stop work order for the location if the site continues to not to enforce the best practices. AUGUST 2020
SRA 20-01, Rules of Interpretation – Computing Time Periods – Councilmember Riemer
Councilmember Hans Riemer this past week introduced SRA 20-01, SRA 20-01, that would extend the duration of all deadlines and validity periods established for previously approved subdivisions by 2 years. We at MBIA requested this from the councilman and he agreed to be the lead sponsor. This was done previously in the last recession, these are unprecedented times, and the building industry is critical to the economic stability and recovery of the state. An approved preliminary plan where the project is about to go through permits - If the expiration date is quickly approaching and then the project timeline got thrown off by weeks or months due to factors such as Stay at Home Orders, projects are going to be delayed in seeking permits as the project progresses. That scenario would result in the expiration of a good project, i.e., one that has already been reviewed by all applicable County agencies and MNCPPC. This legislation is also being co-sponsored by Councilmembers Navarro, Hucker, and Friedson. The hearing for this legislation took place on July 28th and action was taken immediately following the hearing, the bill passed unanimously. https://www.montgomerycountymd.gov/council/Resources/Files/agenda/col/2020/20200623/20200623_4A.pdf Montgomery Home Ownership Program Applicants who qualify and apply for the Montgomery Homeownership Program may access Down Payment Assistance loans in amounts up to $25,000 – or up to 40 percent of the household income of the prospective homeowner – whichever is less. Funds may be used for down payment or closing costs. Approved buyers also will receive a competitive rate Maryland Mortgage Program Loan to help complete their homebuying process. The Montgomery Homeownership Program leverages the Maryland Mortgage Program and is administered by the Maryland Department of Housing and Community Development, which provides similar down payment assistance across the state. These zero-interest down payment assistance loans can be used for modestly priced homes in Montgomery County. The loans are to be repaid upon the sale, payoff or transfer of the home. he program is part of Montgomery County’s ongoing efforts to provide more paths to homeownership. Montgomery County has committed $1 million in Fiscal Year 2021 to this program with the state of Maryland. For more information or to apply, visit Montgomery Homeownership Program. Bill 29-20, Taxation – Payments in Lieu of Taxes – WMATA Metro Councilmember Riemer introduced Bill 29-20, along with several co-sponsors the bill would require the Director of Finance to offer a payment in lieu of taxes for a residential or commercial high-rise building constructed by a private developer on property leased from the Washington Metropolitan Area Transit Authority (WMATA) at a Metro Station. The Bill would require the payment in lieu of taxes that would exempt 100% of the real property tax that would otherwise be levied for a period of 15 years beginning in the year a use and occupancy permit is issued for the qualifying development. The bill would allow roughly 8,600 housing units to be built at the counties 13 metro stations, with roughly 1,500 qualifying as MPDU’s. A public hearing for this bill took place on July 28th, we submitted testimony in favor. Worksessions will begin in September. https://apps.montgomerycountymd.gov/ccllims/DownloadFilePage?FileName=2668_1_10752_Bill_29-2020_Introduction_20200707.pdf 2020 Subdivision Staging Policy Update The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. We have been in contact w/ planning staff and they’ve welcomed all feedback while they’re preparing the draft that goes to the planning board. We submitted written testimony and testified orally on June 11th. There have been work sessions over the past months, the board voted to transmit its recommendations to the council this past week. The council will host a public hearing for the SSP on September 15th at 7:30 p.m. https://montgomeryplanning.org/planning/functional-planning/subdivision-staging-policy/ DPS to Begin Enforcing Safety on Job Sites Montgomery County’s Department of Permitting Services (DPS), while conducting its regular inspections at construction sites, also will now be enforcing COVID-19-related safe-distancing and wearing of face coverings guidelines. It is critical that all job sites continue to follow the COVID-19 safety precautions. DPS Code Enforcement inspectors normally ensure compliance with the County’s development and construction standards. DPS has developed an enforcement process regarding COVID-19 safety precautions. The first step is to talk with the construction permit holder and any individuals in charge of the project on the safety requirements and how remediation efforts can be implemented at the work site. Continued violation of the regulations may result in the issuance of a Notice of Violation and/or a citation. DPS inspectors will only issue a stop work order for the location if the site continues to not to enforce the best practices. More to come on this from the department - JULY 2020
SRA 20-01, Rules of Interpretation – Computing Time Periods – Councilmember Riemer
Councilmember Hans Riemer this past week introduced SRA 20-01, SRA 20-01, that would extend the duration of all deadlines and validity periods established for previously approved subdivisions by 2 years. We at MBIA requested this from the councilman and he agreed to be the lead sponsor. This was done previously in the last recession, these are unprecedented times, and the building industry is critical to the economic stability and recovery of the state. An approved preliminary plan where the project is about to go through permits - If the expiration date is quickly approaching and then the project timeline got thrown off by weeks or months due to factors such as Stay at Home Orders, projects are going to be delayed in seeking permits as the project progresses. That scenario would result in the expiration of a good project, i.e., one that has already been reviewed by all applicable County agencies and MNCPPC. This legislation is also being co-sponsored by Councilmembers Navarro, Hucker, and Friedson. https://www.montgomerycountymd.gov/council/Resources/Files/agenda/col/2020/20200623/20200623_4A.pdf County Enters Phase II – Montgomery County entered Phase II of reopening on Friday, June 19th. This next step includes indoor retail services and restaurant seating, and childcare services with restrictions. The following will be allowed:
2020 Subdivision Staging Policy Update - The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. We have been in contact w/ planning staff and they’ve welcomed all feedback while they’re preparing the draft that goes to the planning board. We submitted written testimony and testified orally on June 11th. There will be six work sessions leading up to August 1st, when the planning staff’s recommendations will be transmitted to the council. https://montgomeryplanning.org/planning/functional-planning/subdivision-staging-policy/ JUNE 2020
Bill 38-19 – Councilman Friedson
Councilman Andrew Friedson introduced a bill that would limit how long county sidewalks could be closed, requiring crews to establish alternative paths if the work extends past 15 days. If sidewalks themselves are being repaired, they could only be closed for 6 months without an alternative walkway – the permittee of the project must provide an alternative walkway on the same side of the street. We will look more at this legislation and determine how we want to move forward w/ a positionWe submitted comments (potential friendly amendments) addressing primarily the timeframe in the bill, as well as the walkway on the same side of the street, and in what areas this will be most prevalent –- the bill passed unanimously w/ amendments (below) Linda informed that DPS has been asked to develop executive regulations for this legislation. They are in the process of creating an initial document. Once DPS has had a chance to review it internally, we will definitely ask our public partners for input. Let me know and if would be interested in participating CE’s Fiscal Year 2021 $5.9 Billion Operating Budget – Passed The County Executive unveiled a $5.9 billion budget for fiscal 2021 that includes a roughly 5-cent property tax rate hike, bringing the rate up to nearly $1.03 per $100 of assessed value. About 3 cents will be dedicated specifically to the county’s public school system, with Elrich stressing that the new revenue amounts to a critical investment in the future despite any short-term uncertainty the pandemic may produce. But county council members are less convinced. Eight of the nine lawmakers on the council signed a joint statement Monday arguing that “this is a time for cautious decision-making, not property tax increases,” and they could well completely rewrite Elrich’s proposal – the budget passed unanimously with no tax increases and $692 property tax credit New DPS Director Confirmed The County Executive has nominated Mitra Pedoeem to take over as the Director of Permitting Services in Montgomery County. She was formally with the County’s Parks Department serving as Deputy Director and previously in the counties OMB. Her Interview took place on April 14th and she was confirmed the following week – we will be meeting with her in the coming weeks. Please let me know if you have any questions or further input. 2020 Subdivision Staging Policy Update - The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. We have been in contact w/ planning staff and they’ve welcomed all feedback while they’re preparing the draft that goes to the planning board. We will be submitting testimony – still on the same timeline for the updated SSP. Seriously consideration into ruling out the moratorium, not viewed as an effective deterrent. The Planning Board will be meeting during this time MAY 2020
Bill 38-19 – Councilman Friedson
Councilman Andrew Friedson introduced a bill that would limit how long county sidewalks could be closed, requiring crews to establish alternative paths if the work extends past 15 days. If sidewalks themselves are being repaired, they could only be closed for 6 months without an alternative walkway – the permittee of the project must provide an alternative walkway on the same side of the street. We will look more at this legislation and determine how we want to move forward w/ a position. We submitted comments (potential friendly amendments) addressing primarily the time frame in the bill, as well as the walkway on the same side of the street, and in what areas this will be most prevalent –- the bill passed unanimously w/ amendments (below) Linda informed that DPS has been asked to develop executive regulations for this legislation. They are in the process of creating an initial document. Once DPS has had a chance to review it internally, we will definitely ask our public partners for input. Let me know and if would be interested in participating CE’s Fiscal Year 2021 $5.9 Billion Operating Budget Recommendation The County Executive unveiled a $5.9 billion budget for fiscal 2021 that includes a roughly 5-cent property tax rate hike, bringing the rate up to nearly $1.03 per $100 of assessed value. About 3 cents will be dedicated specifically to the county’s public school system, with Elrich stressing that the new revenue amounts to a critical investment in the future despite any short-term uncertainty the pandemic may produce. But county council members are less convinced. Eight of the nine lawmakers on the council signed a joint statement Monday arguing that “this is a time for cautious decision-making, not property tax increases,” and they could well completely rewrite Elrich’s proposal New DPS Director Confirmed The County Executive has nominated Mitra Pedoeem to take over as the Director of Permitting Services in Montgomery County. She was formally with the County’s Parks Department serving as Deputy Director and previously in the counties OMB. Her Interview took place on April 14th and she was confirmed the following week – we will be meeting with her in the coming weeks. Please let me know if you have any questions or further input. 2020 Subdivision Staging Policy Update - The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. We have been in contact w/ planning staff and they’ve welcomed all feedback while they’re preparing the draft that goes to the planning board. We will be submitting testimony – still on the same timeline for the updated SSP. Seriously consideration into ruling out the moratorium, not viewed as an effective deterrent. The Planning Board will be meeting during this time APRIL 2020
Bill 34-19 –Taxation - Development Impact Taxes
The piece of legislation was introduced on October 15th, before the full council and would impose an impact tax on teardown homes built prior to 1986. This proposed legislation is irresponsible and short sighted and fails to recognize the overall positive impact that replacement homes have on the County. First, the annual homeowner contributions to the County, through property taxes, actually triple, on average, with each new home that replaces an old home, and continue in perpetuity, year after year, like an annuity. If that weren’t enough, each sale of a replacement home also contributes an average of $50,000 in Transfer and Recordation Taxes, not to mention the vibrancy these projects bring to the workforce and the economy as a whole. Let’s not forget the environmental benefits that replacement homes bring with 100% controlled storm water management to protect the Bay and super stringent high efficiencies mandated by the recently adopted Building and Energy Conservation Codes. The Public hearing took place on December 3rd – we had a great showing of the industry, I would like to thank everyone who took the time to be at the hearing! We were informed from council staff last week, that Councilman Glass will be withdrawing the legislation. https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/agenda/cm/current_com_agn.pdf CE’s Fiscal Year 2021 $5.9 Billion Operating Budget Recommendation The County Executive last week unveiled a $5.9 billion budget for fiscal 2021 that includes a roughly 5-cent property tax rate hike, bringing the rate up to nearly $1.03 per $100 of assessed value. About 3 cents will be dedicated specifically to the county’s public school system, with Elrich stressing that the new revenue amounts to a critical investment in the future despite any short-term uncertainty the pandemic may produce. But county council members are less convinced. Eight of the nine lawmakers on the council signed a joint statement Monday arguing that “this is a time for cautious decision-making, not property tax increases,” and they could well completely rewrite Elrich’s proposal New DPS Director Nominee – The County Executive has nominated Mitra Pedoeem to take over as the Director of Permitting Services in Montgomery County. She was formally with the County’s Parks Department serving as Deputy Director and previously in the counties OMB. Her interview was originally scheduled for February 25th, and was then postponed to March 17th – the interview has again been postponed. There are currently no other candidates to my knowledge being considered, just wanted to give you the update. I have reached out to her and she is excited to meet and work with the industry. Please let me know if you have any questions or further input. ZTA 20-01 – Solar Collection Systems Councilmembers Hans Riemer and Tom Hucker this past week introduced ZTA 20-01, Solar Collection Systems – AR Zone Standards, which would allow a targeted deployment of community solar projects on farms in the County’s Agricultural Reserve. Councilmember Craig Rice is a co-sponsor. ZTA 20-01 would open up 1,800 acres (or about two percent) of the County’s 93,000-acre Agricultural Reserve for community solar as a limited use. Currently, the zoning code prohibits community solar in the Agricultural Reserve. Maryland’s community solar law allows solar providers to sell solar energy to larger groups of consumers -- groups of houses or apartment communities -- who cannot or have not yet installed solar panels. Community solar farms are smaller than “utility scale” arrays; they only require 10-12 acres of land. They may produce up to two megawatts of electricity (or about 4,464,000 kWh’s), which replaces energy derived from fossil fuels in the electrical grid. The hearing was February 25th – we are planning to submit written testimony and support this measure, as it will encourage alternative energy options without mandating on residential projects. City of Rockville – FAST Development Services Permitting Stakeholders Forum (Postponed) The City of Rockville Department of Planning & Development Services (PDS) is hosting its annual FAST Development Services Permitting Stakeholders Forum Wednesday March 18 from 8:30 -11:30 in the Mayor & Council Chambers at City Hall. This is done on an annual basis, but this year promises to be the most informative. Come hear and see all that’s happening in PDS permitting with updates on our key initiatives like the Customer Bill of Rights, FAST(Faster, Accountable, Smarter, Transparent) initiative, ERP & Electronic Plan review, new Building and Fire Codes, changes in policy & procedure as well as staff changes. You will also have the opportunity to share your important feedback during an interactive Q&A session and participate in breakout sessions focused on a host of key topics. 2020 Subdivision Staging Policy Update The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. The Planning Board will be meeting virtually this Thursday - 3/26 - Agenda SSP Timeline Update -
MARCH 2020
Bill 34-19 –Taxation - Development Impact Taxes
The piece of legislation was introduced on October 15th, before the full council and would impose an impact tax on teardown homes built prior to 1986. This proposed legislation is irresponsible and short sighted and fails to recognize the overall positive impact that replacement homes have on the County. First, the annual homeowner contributions to the County, through property taxes, actually triple, on average, with each new home that replaces an old home, and continue in perpetuity, year after year, like an annuity. If that weren’t enough, each sale of a replacement home also contributes an average of $50,000 in Transfer and Recordation Taxes, not to mention the vibrancy these projects bring to the workforce and the economy as a whole. Let’s not forget the environmental benefits that replacement homes bring with 100% controlled storm water management to protect the Bay and super stringent high efficiencies mandated by the recently adopted Building and Energy Conservation Codes. The Public hearing took place on December 3rd – we had a great showing of the industry, I would like to thank everyone who took the time to be at the hearing! The next is step in the process, is a tentative work session scheduled for January 16, 2020 in the GO Committee, time TBD. However, the bill was pulled from the committee agenda the morning of due to what we were told was a missing fiscal note, and has yet to be rescheduled – we are monitoring the status of the bills reschedule date before the committee. https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/agenda/cm/current_com_agn.pdf ZTA 20-01 – Solar Collection Systems Councilmembers Hans Riemer and Tom Hucker this past week introduced ZTA 20-01, Solar Collection Systems – AR Zone Standards, which would allow a targeted deployment of community solar projects on farms in the County’s Agricultural Reserve. Councilmember Craig Rice is a co-sponsor. ZTA 20-01 would open up 1,800 acres (or about two percent) of the County’s 93,000-acre Agricultural Reserve for community solar as a limited use. Currently, the zoning code prohibits community solar in the Agricultural Reserve. Maryland’s community solar law allows solar providers to sell solar energy to larger groups of consumers -- groups of houses or apartment communities -- who cannot or have not yet installed solar panels. Community solar farms are smaller than “utility scale” arrays; they only require 10-12 acres of land. They may produce up to two megawatts of electricity (or about 4,464,000 kWh’s), which replaces energy derived from fossil fuels in the electrical grid. The hearing is scheduled for February 25th – we are planning to submit written testimony and support this measure, as it will encourage alternative energy options without mandating on residential projects. City of Rockville – FAST Development Services Permitting Stakeholders Forum The City of Rockville Department of Planning & Development Services (PDS) is hosting its annual FAST Development Services Permitting Stakeholders Forum Wednesday March 18 from 8:30 -11:30 in the Mayor & Council Chambers at City Hall. This is done on an annual basis, but this year promises to be the most informative. Come hear and see all that’s happening in PDS permitting with updates on our key initiatives like the Customer Bill of Rights, FAST(Faster, Accountable, Smarter, Transparent) initiative, ERP & Electronic Plan review, new Building and Fire Codes, changes in policy & procedure as well as staff changes. You will also have the opportunity to share your important feedback during an interactive Q&A session and participate in breakout sessions focused on a host of key topics. Remember, the breakfast/meet & greet starts at 8:30. Come network and meet city officials, county officials, and other professionals like yourself. Program starts at 9. https://www.eventbrite.com/e/city-of-rockville-fast-dev-services-permitting-annual-stakeholders-forum-tickets-96155791561 MC/PG 104-20, (1394) Local Delegation Bill – Senator Kramer This piece of legislation’s requires an applicant, in Montgomery County only, to certify under penalty of perjury that plans related to the County’s Forest law are correct to the best of their knowledge. This is not necessary given that these plans can only be prepared by an individual that has passed qualified professional “QP” training from the state or is a licensed landscape architect or licensed forester. How would the applicant know whether or not the plans are correct when they are not deemed by the law to be qualified to prepare the plans. This bill was given an unfavorable report out of the House Subcommittee - 2020 Subdivision Staging Policy Update The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. SSP Timeline Update -
FEBRUARY 2020
Bill 34-19 –Taxation - Development Impact Taxes
The piece of legislation was introduced on October 15th, before the full council and would impose an impact tax on teardown homes built prior to 1986. This proposed legislation is irresponsible and short sighted and fails to recognize the overall positive impact that replacement homes have on the County. First, the annual homeowner contributions to the County, through property taxes, actually triple, on average, with each new home that replaces an old home, and continue in perpetuity, year after year, like an annuity. If that weren’t enough, each sale of a replacement home also contributes an average of $50,000 in Transfer and Recordation Taxes, not to mention the vibrancy these projects bring to the workforce and the economy as a whole. Let’s not forget the environmental benefits that replacement homes bring with 100% controlled storm water management to protect the Bay and super stringent high efficiencies mandated by the recently adopted Building and Energy Conservation Codes. The Public hearing took place on December 3rd – we had a great showing of the industry, I would like to thank everyone who took the time to be at the hearing! The next is step in the process, is a tentative work session scheduled for January 16, 2020 in the GO Committee, time TBD. However, the bill was pulled from the committee agenda the morning of due to what we were told was a missing fiscal note, and has yet to be rescheduled – we are monitoring the status of the bills reschedule date before the committee. https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/agenda/cm/current_com_agn.pdf ZTA 20-01 – Solar Collection Systems Councilmembers Hans Riemer and Tom Hucker this past week introduced ZTA 20-01, Solar Collection Systems – AR Zone Standards, which would allow a targeted deployment of community solar projects on farms in the County’s Agricultural Reserve. Councilmember Craig Rice is a co-sponsor. ZTA 20-01 would open up 1,800 acres (or about two percent) of the County’s 93,000-acre Agricultural Reserve for community solar as a limited use. Currently, the zoning code prohibits community solar in the Agricultural Reserve. Maryland’s community solar law allows solar providers to sell solar energy to larger groups of consumers -- groups of houses or apartment communities -- who cannot or have not yet installed solar panels. Community solar farms are smaller than “utility scale” arrays; they only require 10-12 acres of land. They may produce up to two megawatts of electricity (or about 4,464,000 kWh’s), which replaces energy derived from fossil fuels in the electrical grid. MC/PG 104-20, Local Delegation Bill – Senator Kramer This piece of legislation’s requires an applicant, in Montgomery County only, to certify under penalty of perjury that plans related to the County’s Forest law are correct to the best of their knowledge. This is not necessary given that these plans can only be prepared by an individual that has passed qualified professional “QP” training from the state or is a licensed landscape architect or licensed forester. How would the applicant know whether or not the plans are correct when they are not deemed by the law to be qualified to prepare the plans - MNCPPC has taken no position on this bill, MBIA testified against the bill December 2nd at the local delegation hearing. The bill will go before the Land Use and Transportation subcommittee for a work session on January 28, 2020 in the House. Delegate Janell Wilkins chairs this subcommittee 2020 Subdivision Staging Policy Update The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. SSP Timeline Update -
Montgomery County to Adopt 2018 I-Codes Regulation 31-19 was introduced Dec. 1 to adopt the following 2018 International Codes with amendments: Building, Residential, Energy Conservation, Mechanical, Fuel Gas, Swimming Pool and Spa, and the Existing Building Code. The County proposes adopting IRC Appendix T, Solar-Ready Provisions—Detached One- and Two-Family Dwellings and Townhouses. The provisions only apply if the county requires solar-ready homes. The County is not adopting the state amendments that allow 3 Air Changes per Hour (ACH) to increase up to 5 ACH if the Performance Path or the ERI path proves energy equivalency. MBIA comments were sent to the Department of Permitting Services on December 31, 2019. The comment deadline has been extended to March 1, 2020, with comments to Mary Lee, Directors Office, Department of Permitting Services, 255 Rockville Pike, 2nd Floor, Rockville, Maryland, 20850; 240-777-2488; Email: mary.lee@montgomerycountymd.gov. A public hearing will be held on proposed Executive Regulation 31-19 on Monday, February 10, 2020 at 11:00 AM at 255 Rockville Pike, 2nd Floor, Rockville, Maryland 20850. To testify at the public hearing contact Hemal Mustafa, Department of Permitting Services, Fire Prevention & Code Enforcement at 240-777-6226. https://www.montgomerycountymd.gov/exec/Resources/Files/31-19.pdf Bill 34-19 –Taxation - Development Impact Taxes
The piece of legislation was introduced on October 15th, before the full council and would impose an impact tax on teardown homes built prior to 1986. This proposed legislation is irresponsible and short sighted and fails to recognize the overall positive impact that replacement homes have on the County. First, the annual homeowner contributions to the County, through property taxes, actually triple, on average, with each new home that replaces an old home, and continue in perpetuity, year after year, like an annuity. If that weren’t enough, each sale of a replacement home also contributes an average of $50,000 in Transfer and Recordation Taxes, not to mention the vibrancy these projects bring to the workforce and the economy as a whole. Let’s not forget the environmental benefits that replacement homes bring with 100% controlled storm water management to protect the Bay and super stringent high efficiencies mandated by the recently adopted Building and Energy Conservation Codes. The Public hearing took place on December 3rd – we had a great showing of the industry, I would like to thank everyone who took the time to be at the hearing! The next is step in the process, is a tentative work session scheduled for January 16, 2020 in the GO Committee, time TBD. https://www.montgomerycountymd.gov/COUNCIL/Resources/Files/agenda/cm/current_com_agn.pdf WCOG set Regional Housing Targets On September 11th, the Metropolitan Washington Council of Governments (COG) officials from the District of Columbia, Maryland, and Virginia adopted three regional targets on housing, agreeing to collaboratively address the area’s production and affordability challenges. This collective action, outlined in a resolution approved by the COG Board of Directors, is the culmination of a year-long effort by local planning and housing director staff and COG to determine 1) how much housing is needed to address the area’s current shortage and whether the region could produce more, 2) the ideal location for new housing to optimize and balance its proximity to jobs, and 3) the appropriate cost of new housing to ensure it is priced for those who need it. According to COG’s Cooperative Forecasts, current employment growth outpaces housing growth in the region. This situation, or housing shortfall, affects the area’s affordability, and potentially undercuts its appeal to new companies and talent. It also results in workers living further from their jobs and straining the transportation system. A year ago, COG released an analysis that helped the region better understand its unmet housing needs. Between 2020 and 2030, the region needs to produce at least 75,000 additional households beyond the 245,000 households already anticipated, totaling 320,000 net new households. If the time frame is stretched from 2020 to 2045, more than 100,000 additional households will be needed beyond the new households anticipated. MC/PG 104-20, Local Delegation Bill – Senator Kramer This piece of legislation’s requires an applicant, in Montgomery County only, to certify under penalty of perjury that plans related to the County’s Forest law are correct to the best of their knowledge. This is not necessary given that these plans can only be prepared by an individual that has passed qualified professional “QP” training from the state or is a licensed landscape architect or licensed forester. How would the applicant know whether or not the plans are correct when they are not deemed by the law to be qualified to prepare the plans – MNCPPC has taken no position on this bill, MBIA testified against the bill December 2nd at the local delegation hearing. 2020 Subdivision Staging Policy Update The Subdivision Staging Policy is the tool by which the County ensures its essential public facilities, particularly schools and transportation systems, keep pace with development. It tests the County’s infrastructure for adequacy based on projected capacity, growth, and future development. The policy is updated every four years to ensure that the tools used for evaluating the impact of development on essential public facilities, such as a delay-based transportation test or student generation rates, reflect the latest growth patterns of the County. The Montgomery County Planning Department is kicking off efforts for the next update to the Subdivision Staging Policy. The Planning Staff should begin work on it at the latest this fall. They will have work sessions with the Planning Board April/May. A Staff draft is due June 15, 2020, followed by a Planning Board draft due August 1, 2020. The Council will hold work sessions in Sept/Oct. By law, the Council must adopt a new SSP by November 15, 2020. MCPS Boundary Analysis Montgomery County Public Schools has received two proposals from consultants to examine school attendance boundaries. In a brief presentation to the Board of Education on July 29, the MCPS staff said several companies are collaborating for each proposal, but did not disclose what companies or organizations are involved. The school board was expected to award a contract Monday, but delayed the vote to August 29 to further vet the proposals and address “lingering questions” both to and from bidders. In January, the Board of Education passed a resolution to hire a consultant to evaluate school boundaries, which determine which area schools students will attend based on where they live. Elementary and middle schools “feed” high schools near them, creating school clusters. The consultant’s report is expected to be presented to the board June 1, 2020. The boundary analysis is the school system’s first comprehensive look at school boundaries in at least 20 years. It has pitted a contingent of students lobbying for more diverse schools against parents who fear long bus rides for their children or decreased home values if boundaries shift. The Board is continuing to gather input from the community regarding the scope of work for the consultants, the framework for the assessment of the district’s school and cluster boundaries, and how the consultants will focus their efforts and analysis. City of Rockville Adopts 2018 I- Codes Effective Jan. 1, 2020, all projects submitted to the City of Rockville for building permit review must be designed under the 2018 ICC with local amendments per Chapter 5 of the Rockville City Code. The following codes were adopted by the Mayor & Council on Sept. 9, 2019: • 2018 International Building Code • 2018 International Residential Code • 2018 International Existing Building Code • 2018 International Plumbing Code • 2018 International Mechanical Code • 2018 International Fuel & Gas Code • 2017 National Electrical Code • 2018 International Energy Conservation Code • 2018 Swimming Pool & Spa Code • 2015 International Green Construction Code incl • 2015 National Green Building Standard (NGBS/ICC-700) These codes will be administered and enforced in conjunction with the Maryland Building Performance Standards, which includes all the state code amendments and Maryland Accessibility Code. |