MBIA Reports 2016 Mid-Year Advocacy Accomplishments

MBIA's a dvocacy team is working on your behalf, both locally and regionally and is pleased to announce our achievements for the first half of 2016.

The State of Maryland

MBIA worked to delay the Maryland adoption of the OSHA Confined Space Rule until clarification is provided by the settlement with NAHB. Attics, basements and crawl spaces in a residential homes will not typically trigger the rule's requirements.

Concerns raised by MBIA and other organizations resulted in the Maryland Department of the Environment withdrawing proposed regulations for Accreditation and Training for Lead Paint Abatement Services that would have applied to those already accredited under the EPA's Lead-Based Paint Renovation, Repair and Painting Rule program.

Anne Arundel County

The County Council passed Bill 110-15 which is a significant boost to home building to allow a developer to defer their APF test for water and sewer until later in the development process saving actual and financing costs.

On January 19th, the County Council passed County Executive Schuh's bill to lower capital facility connection fees roughly 30 percent. This was the single largest fee decrease in Anne Arundel County history and represents a major success for this chapter.

Bill 23-16, which authorizes the County to create an expedited third party review process for engineering plan reviews, passed. The MBIA supported this legislation that creates a voluntary track for plan reviews that could potentially save time and ultimately, money, for MBIA members. The County is currently writing rules for interested engineers so they may apply to be third party reviewers. The MBIA will continue to monitor this legislation and its impact.

The MBIA held off two attempts to pass APFO legislation in the Annapolis City Council on Bill O-36-16. Another vote is scheduled for July 25th while the joint Annapolis and Anne Arundel County APFO task force continues to search for solutions to school funding and capacity issues in the City and County. A report by the task force is expected in the next few months. As written, Bill O-36-16 would effectively close all development in the City of Annapolis within 3 years. The MBIA is opposed to this legislation and is working with both the task force as well as City Council Alderman to find an alternate approach.

The County Executive passed Bill 17-16 requiring public works agreements to be executed and delivered simultaneous with the approval of a plat or deferred to no later than 12 months after the plat has been recorded. This bill originally allowed only a 6 month window, but MBIA led advocacy resulted in an amendment extending the time to 12 months.

A new policy went into effect allowing increased use of sidewalks and trails as part of an APF mitigation package. A new policy also requires that "to the maximum extent practicable, open space and open area shall be located so as to augment land on adjacent property that has previously been identified as open space, open area, conservation or preservation areas, or that has been identified by OPZ as possible future open space, conservation or preservation areas."

In coordination with SDAT and Anne Arundel County, MBIA has developed a streamlined process for submitting new subdivision information to both SDAT and the County that should result in more accurate information being recorded in tax records and record plats. Part of the policy is a standard form Excel sheet.

Baltimore City

On March 10th, the Baltimore City Chapter PAC held its first ever Mayoral Candidates forum which included all of the major candidates for Mayor of Baltimore City. The event was a major success and is the cornerstone for establishing a strong relationship with Baltimore's incoming Mayor.

MBIA testified in support of the Mayor's proposal to renew the CHAP Tax Credit for 5 years. The Bill has passed the City Council and is awaiting the Mayor's signature. The credit is a major benefit to Baltimore City members, and the MBIA looks forward to hundreds of additional renovations as a result of its renewal.

MBIA testified in opposition to Councilwoman Mary Pat Clarke's bill to expand public posting and hearings for Planning Commission agenda items. The bill would also do away with the Planning Commission's well-functioning "consent agenda." As a result of this testimony, the bill sponsor agreed to retain the consent agenda with limited additions to public posting and hearing regulations. This change in law has been approved as part of Transform Baltimore but has not yet been approved to replace existing law before the adoption of Transform Baltimore.

The City Council Land Use and Transportation Committee completed voting on amendments to Transform's text and tables. The Committee is now taking up Map Amendments. In the amendment process, the MBIA protected the vast majority of "permitted" uses in all areas of the City, including for residential development, in the use tables and will continue to represent the industry at every voting session to protect the significant gains made in crafting the new zoning code. No new voting sessions are scheduled at this time but the MBIA looks forward to completion of the code by the end of 2016. Please contact Josh Greenfeld at [email protected] if you would like a copy of proposed map amendments for the various City Council districts.

MBIA members have served on Councilman Henry's task force to study how to improve Baltimore City's inclusionary housing program. The MBIA was included as a member of the task force and has been forcefully advocating for legislation that limits the exposure of private developers to changes in this law.

On June 16th the Baltimore City MBIA PAC held another successful edition of its annual crab feast. In a time of major turnover in Baltimore City's political scene, MBIA members were able to spend time with Mayor Rawlings-Blake, City Council President Jack Young, Democratic nominee for Mayor Catherine Pugh and numerous incoming City Council members.

Baltimore County

On June 22nd, the MBIA Baltimore County PAC joined County Executive Kevin Kamenetz and County Council members Almond, Jones, Marks, Bevins and Crandell for a wonderful evening at Ocean Pride crabhouse.

The Baltimore County Chapter held its annual winter PAC event on Thursday February 18th from 5-730pm at the Greene Turtle Towson location. County Executive Kamenetz and Councilmembers Vicki Almond (Chair), Cathy Bevins and David Marks attended. The event included 20 sponsors and raised significant money for the Baltimore County MBIA PAC.

Fair Housing - Baltimore County announced a settlement with the federal Department of Housing and Urban Development regarding a fair housing complaint filed by several local housing advocates. The settlement calls for the County to create 1,000 affordable units over 10 years in prosperous neighborhoods while also introducing "source of income" legislation to prohibit housing discrimination based housing vouchers. Baltimore County Planning Director Andrea Van Arsdale and Baltimore County Housing Director Marsha Parham attended the MBIA Baltimore County Chapter Meeting on May 4th to explain this settlement and the developer incentives available to create 1,000 new units. This meeting has resulted in a number of MBIA members pursuing new and re-purposed affordable housing solutions in Baltimore County to help meet the 1000 unit goal.

Calvert County

Monitoring the movement of the county's proposed Sign Ordinance and guideline amendments, with respect to the U.S. Supreme Court's decision on a case involving a local jurisdiction's sign code (Reed vs Town of Gilbert, Arizona).

The Chapter is working with the County Planning Staff on the update of the Prince Frederick Master Plan.

Charles County

Chapter members worked with the Charles County Office of Planning, Growth, and Management on amends to the County's Stormwater Administrative Waiver policies with respect to its grandfathering policies before the state's May 4, 2017 expiration date. The chapter strongly encouraged PGM to revise its policies and come up with a clearer determination of what completion of construction means.

MBIA testified before the Charles County Board of County Commissioners in support of the Planning Board's recommendation to the Comprehensive Plan.

The Charles County Chapter is continuing to monitor and work with the Charles County Office of Planning, Growth, and Management on the county's school allocation process.

We are continuing to work with Planning Growth and Management staff to improve the review process for Preliminary Plans and Subdivision Plats.

We are meeting with the Department of Planning and Growth Department at the periodic meetings of the Roundtable and make revisions to the minor subdivision legislation and lot line issues.

The Charles County Chapter sponsored a free training course concerning the new residential provisions of the 2015 International Energy Conservation Code.

Dorchester County

The Council Bill No. 2016-3 Residential Sprinkler Tax Credit was passed unanimously and will take effect for the Fiscal Year 2016-2017. The bill grants a property tax credit against the county property tax imposed on newly constructed residential property with an automatic fire protection sprinkler system. The tax credit is the lesser of the total cost of the sprinkler system or $5,000.

Howard County

The County Executive introduced CB5 to extend high performance home tax credits until 2021 with a view to make the tax credit permanent. This bill passed the County Council on February 1, 2016. This bill is an extension of legislation Council Chair Calvin Ball originally introduced in 2011.

After years of hearing concerns from the Howard County business community, Councilman Weinstein passed Resolution 37 concerning Watershed Restoration and Protection funds, also known as the "rain tax." The Resolution allows for up to 100 percent credit for best management practices implemented on a property. This is a change from 20 percent for residential properties and 50 percent for nonresidential properties. The bill also limits the fee to 5 percent of the total property tax bill for a property by 2019 down from 20 percent in fiscal year 2016.

Four members of MBIA's Howard County Chapter served on the County Executive's APFO task force, which has completed its work and resisted any significant and negative changes to the County APF Ordinance to date. The task force has submitted its finding to County Executive Kittleman and the MBIA is awaiting further action on this matter.

The Howard County Chapter continued its strong relationships with County elected officials by conducting quarterly meetings with Howard County Executive Allan Kittleman where the industry is able to get to know the County Executive and brief him on issues of important to the industry. The Chapter also has County Council Chairman Calvin Ball as the guest speaker for its May meeting.

Prince George's County

MBIA is continuing to work with DPIE to reduce the impact of the new code requirements on the building industry.Chapter was able to extend the deadline for getting the architectural/structural plans on file updated to the 2015 IRC Code from its original due date of January 11, 2016 to July 1, 2016.

MBIA testified on and killed the Zoning Powers and Review Bill ("The Anti-Zimmer Bill"). This bill would have provided for the review of certain zoning matters by the District Council in Prince George's County in a certain manner; providing that certain authority of the County Planning Board over certain zoning matters in the portion of the regional district located in Prince George's County is not exclusive and is subject to review and final decision by the District Council in certain manners. This Bill was before the Prince George's Bi-County Subcommittee in Annapolis.

Through our lobbying efforts in Annapolis, MBIA killed a bill that was before the Prince George's Bi-County Subcommittee that would have consolidate the review of certain permits for land use in Prince George's County in the Prince George's County Department of Permits, Inspections, and Enforcement; providing for mandatory exclusive review of certain permits by the Department and not by the Maryland-National Capital Park and Planning Commission or a unit of the Commission.

Through our lobbying efforts in Annapolis, MBIA killed a bill that would have repealed certain provisions of law establishing the appointment procedures for a member of the Maryland-National Capital Park and Planning Commission. The Prince George's County Council would have had the ability to appoint all five commissioners. Those appointees selected would then be subject to the approval of the County Executive.

The Prince George's County Council accepted comments from the chapter's Development Process Subcommittee that would amend the county's Floodplain Ordinance.

MBIA continues to work with the Maryland-National Capital Park and Planning Commission in their efforts to rewrite the county's zoning ordinance.

The Prince George's Chapter has collaborated with the County Executive's Office, the Department of Permitting, Inspections, and Enforcement, the Maryland-National Park & Planning Commission and various utility companies to address concerns about Public Utility Easements issues in the county.

We are working with the Prince George's County Council on its Strategic Housing Initiative.

St. Mary's County

Chapter members worked with the St. Mary County Land Use and Growth Management office to change their position and accept the MDE guidance for SWM grandfathering before the state's May 4, 2017 expiration date.

The St. Mary's County Chapter sponsored a free training course concerning the new residential provisions of the 2015 International Energy Conservation Code.

We are monitoring the movement of the county's proposed Sign Ordinance and guideline amendments.

Upper Chesapeake

Harford County & Cecil County

Bill 002, a priority of the Chapter, which alters the definition of non-tidal wetlands passed the County Council on March 15th in an amended fashion. The current definition results in small, isolated low-lying areas being classified as wetlands and requiring a 75 foot buffer that often creates a buffer zone significantly larger than the "wetland" itself. This bill, as amended, allows isolated non-tidal wetlands less than 10,000 square feet to be buffered by a 25 foot barrier rather than 75 feet.

County Executive Barry Glassman was the guest speaker at the Chapter's May meeting to discuss changes to the Harford County Masterplan allowing for some increases to the development envelope and a new study of potential future growth areas.

Wicomico County

The Eastern Shore Builders Chapter of MBIA has been working with the Wicomico County Council as they develop their final draft of their Comprehensive Plan. To date they have put together a draft Tier Map that they will present to the Maryland Planning Department for comments. The proposed Tier Map would allow property to be moved from Tier Two and Tier Four to the less restricted Tier Three. However, developers and builders would have to request the move and receive approval from the county and health department.

Worcester County

The Eastern Shore Builders Chapter of MBIA successfully supported Emergency Bill 16-2 - Public Safety-Townhouse Fire Sprinkler Systems. The bill reduced the cost of automatic fire sprinkler systems required in a group of three or more townhouse units in Worcester County where an automatic audible enunciator and exterior fire department connection is provided. Instead of a NFPA 13 R system builders will be able to install a NFPA 13D system that is used for one and two-family dwellings and manufactured homes.

Eastern Shore Builders Chapter of MBIA is a member of Ocean City Chamber of Commerce Legislative Committee and has been instrumental in advocating, in conjunction with the Chamber, for a number of state bills that affect the building industry. The committee is currently meeting to develop a strategy for bills we anticipate being reintroduced in the 2017 Session. In May the committee hosted the Ocean City Economic Committee breakfast and invited the Eastern Shore State Representatives to attend and give us an update of the 2016 Session.

The Codes & Standards Committee

Providing guidance to Maryland code officials on building industry priorities for their votes on the next version of the building codes.

MBIA is working with the Maryland Building Officials Association to develop energy software package for Maryland that would substantiate more energy tradeoffs for home construction.

MBIA on Montgomery County's Proposed Fire Safety Regulations.

The Environmental Committee

MBIA worked to favorably shape the Maryland Department of the Environment's Proposed In-Lieu Fee Compensatory Mitigation Program for Aquatic Resources Losses.

The committee submitted comments on the U.S. Corps - Baltimore District's Proposed Maryland State Programmatic General Permit-5

Builder interests will be represented on the advisory committee for the Basin-wide Comprehensive Study of the Interstate Commission on the Potomac River Basin.

WSSC Liaison Committee

Recommendations were made on several unresolved issues and on new items for the WSSC Development Services Code.

Discussions with WSSC on the Clearwater Process are leading to workable steps that will enable developers to get credit for rehabilitation to reduce inflow and infiltration.