The following topics are priority issues for MBIA as we start the 2018 Maryland Legislative Session.

Accounting for New Growth and Maryland's Watershed Implementation Plan

As Maryland prepares for phase 111 of the Watershed Implementation Plan, our actions must include science based methods and must be analyzed for cost effectiveness, prioritized and implemented as revenues are available. An offset policy must accurately deter mine net impacts and provide cost effective opportunities to offset those new loads.

Forest Conservation

The Forest Conservation Act should be used as one of many too ls to maintain Maryland's 40% forest canopy coverage.

Currently, Maryland's coverage exceeds the 40% threshold. This is a result of enforcement of the existing FCA and other policies throughout the state.  This provides evidence that Maryland's tree canopy policies are working as intended and do not need to change at this time.

Light Frame Combustible Construction

Wood framing is a cost effective, safe and environmentally sustainable material that is recognized as such by the  International Construction Code, International Residential Code, the National Fire Prevention Code and the International Green Code. There is no scientific or life safety reason to make housing less affordable by forcing the industry to use concrete and steel framing on all structures more than three stories high.

Business Climate

Maryland must look for opportunities to assist businesses in navigating regulatory compliance and coordinating the complicated development approval process.

Drainage Defects

The definition of "Drainage Defects" fails to understand the complexity of stormwater management. Environmental Site Design and Storm Water Management are complex and proven methods to help the environment. Prior to building a home the developer, builders and engineer s go through a complex process to ensure that all regulations are followed.

Adequate Public Facilities Ordinances

APFOs have emerged as a popular planning technique however local jurisdictions' attempts to reduce A PF capacities artificially constrain development and negatively impacts jobs growth and economic development.

Inclusionary Zoning

While the policy offers a solution for the growing need f or affordable housing across the state, we must ensure there are appropriate offsets and incentives to compensate f or the economic impact to builders and developers.

Charter Amendments

Councilman Trumbauer's Resolution 48-17 passed creating an amendment to the County Charter requiring certain late filed amendments to the comprehensive zoning ordinance publicly post the property to be re-zoned. This resolution will now be on the 2018 ballot for the citizens of Anne Arundel County to vote on since it is an amendment to the County Charter. The MBIA testified in opposition to this resolution.

 

APF Threshold

Councilman Grasso has introduced, for the third time, legislation lowering the APF school capacity threshold to 95 percent. This bill, Council Bill 92-17, would shut down development in roughly 75 percent of the County. One positive amendment has been added that will "sunset" or terminate this bill at the first of either the adoption of a new General Development Plan or January 1, 2020. The MBIA remains opposed to this legislation, which is likely to pass in mid to late January.

Affordable Housing Taskforce

On December 7th, the City Council adopted a resolution to create a new task force to study affordable housing in Baltimore City. The task force is expected to be named shortly and will contain multiple development industry professionals representing MBIA.

 

Tax Increases

Councilman Bill Henry introduced legislation to raise the transfer tax from 1.5 percent to 1.75 percent of the taxable base and the recordation tax from $5 to $6 of every $500 of consideration paid to fund affordable housing. The MBIA is opposed to creating a new tax burden on investment and home ownership although the Councilman's goal is laudable. No hearing is set on this legislation at this time.

 

TIF Possibility

Councilman Henry also introduced a resolution requiring the Finance Department, Housing and Community Development Department and Baltimore Development Corporation (BDC) to study how to create "community tax increment financing (TIF)" districts with the goal of spurring economic development in the City's less invested communities. MBIA is generally supportive of using creative economic development and financing tools to spur growth and create market rate and affordable housing opportunities. No hearing on this resolution has been scheduled at this time.

Meeting and Production Schedules for the Board of Appeals for 2018

The Department of Planning Growth and Management has established new Meeting and Production schedules for 2018 Board of Appeals. PGM's purpose for establishing the schedules are as follows:

APFO

Council Bill 1, a bill regarding the County's Adequate Public Facilities Ordinance (APFO), was formally introduced on January 2nd and will have a public hearing January 16th. This bill is identical to the bill the Council attempted but failed to pass in November when time elapsed before the bill could be voted upon. It creates a development moratorium in the County and is opposed by MBIA.

Green Neighborhoods

Council Resolution 112, to make the Green Neighborhoods program more flexible so that developers can take advantage of the green allocations that exist has been tabled for further consideration by the County Council in September. The County Council heard this resolution, which the MBIA supports on July 17th.

County Council's New Leadership

On December 5th, the Montgomery County Council unanimously elected Hans Riemer as president and Nancy Navarro as vice president of the Council. They will serve one-year terms as officers of the Council.  Council President Riemer, who begins his 8th year on the Council, previously served as Council vice president in 2017. Council President Riemer has focused on placing walkability, public transportation and sustainability at the center of planning goals. Councilmember Navarro was unanimously elected to serve as the vice president of the Council for the second time during her tenure on the Council.

 

Council President Riemer Testified Before U.S. House Subcommittee about Importance of Workplace Leave Laws

On Wednesday, December 6th, Council President Riemer testified before the United States House of Representatives' Subcommittee on Health, Employment, Labor, and Pensions on the importance of state and local governments, being able to establish protections that guarantee workers access to paid sick days and paid family leave. Testifying on behalf of the County, President Riemer discussed the importance of protecting the rights of state and local governments to set their own workplace policy standards above a federal floor. Riemer also stressed the need for strong federal policies. He highlighted Montgomery County's Earned Sick and Safe Leave Law, which was passed unanimously in 2015 and made the County one of a growing number of jurisdictions in the United States that guarantees workers the right to earn sick and safe leave.

 

Montgomery County Executive Recommends Fiscal Year 2018 Savings Plan 

Montgomery County's November income tax distribution for the state of Maryland was forecast to be short $64 million below expectations. County's Department of Finance projects a total revenue shortfall of $95 million in expected FY18 resources. Adding a $25 million revenue shortfall from the previous year, the total savings required are $120 million. According to the Maryland Comptroller's Office, other jurisdictions in the State also experienced similar reductions in their November reconciliation distributions.  On November 30th, the County Executive requested that all Executive Branch departments identify savings of 2 percent from their current FY18 tax-supported budgets. Decisions related to the FY19 Operating Budget and the FY19-24 Capital Improvements Program will also be made in relation to the current fiscal shortfall.

 

Montgomery County Begins Planning for Fiscal Year 2019 Operating Budget

County Executive Isiah Leggett will hold five budget forums to seek residents' input on upcoming budget priorities. The County Executive will announce his Recommended FY19 Operating Budget on March 15. The County Council approves the operating budget at the end of May.

Budget forums will be held:

As of January 3, 2018, the updated model house program is in effect. This program enables a site-specific building permit application process valid for an unlimited number of permits in the current building code cycle. 

Wall Bracing Requirements for New Home Construction

The IRC requires that walls in residential construction be designed to withstand wind loads. This information is often missing from application submissions resulting in avoidable delay in the ability to approve submitted plans. As of January 3, 2018, DPS will require that construction documents for new homes and townhouses applications include wind bracing information for wood-framed walls. Applications missing the required information may be rejected. View the Checklist for Wood Framed Wall Bracing >>>  

New IgCC Green Building Code

The newly adopted International Green Construction Code (IgCC) 2012 is scheduled to go into effect on December 27, 2017. Details will be posted soon on the DPS webpage. Contact: Mark Nauman at [email protected] with any questions.