MARYLAND MD
With only a few days left of Session, MBIA is working hard. House Bill 1086, which deals with drainage in new residential construction, has not moved from subcommittee. The Septic bills, House Bill 458 and House Bill 719, both received unfavorable reports.
 
Senate Bill 610, the Forest Conservation Act bill, was amended to a Task Force on the Forest Conservation Act Offset Policy, and the development industry was given four seats on the Task Force of 18. This is similar to the language that passed out of the Senate last year, which only provided 14 seats for the Task Force. The amended bill passed the Senate on Wednesday, 3/28, on third reader by a vote of 36-10. It goes next to the House Environment & Transportation Committee.
   ANNE ARUNDEL COUNTYaa
New APF Moratorium Bill
Councilman Grasso's new APF moratorium legislation, Bill 15-18 , which seeks to permanently enshrine the 95% capacity threshold into law while changing the current binary open/closed school chart into a rolling chart had a public hearing on March 19th. Four MBIA members testified against the bill in addition to the significant email correspondence the Council received from MBIA members while only one community member testified in favor of the bill. As a result of this advocacy, the Council voted to amend the bill to include a sunset provision at the earlier of January 1, 2020 or the passage of the next General Development Plan and also delaying the effective date until August 1, 2018. The bill will be re-heard at the next County Council meeting on April 2nd at 7pm. MBIA will continue to oppose this legislation while working on amendments to lessen its impact if passed. Read MBIA opposition testimony >>>

County Executive Bills and Resolutions
Citing growing concern over development in the County, County Executive Steve Schuh has introduced a series of development related bills and resolutions. Resolution 6-18 proposes an amendment to the County Charter requiring all comprehensive rezoning actions to be consistent with the County General Development Plan (GDP) as determined by the Planning and Zoning Officer. Bill 17-18 creates a moratorium on rezonings until the new GDP goes to the Planning Advisory Board. Bill 18-18 codifies standards for special exception uses including consistency with the GDP. Bill 19-18 and Bill 23-18 change the requirements for public notice of property owners from 175 feet to 300 feet from the subject property for administrative hearings and community meetings, respectively. Responding to significant community concerns over the lack of "small area plans" in the most recent General Development Plan, Bill 21-18 requires no less than seven (7) small area plans in future General Development Plans. Finally, Bill 22-18 allows the Planning and Zoning Office to administratively adjust bulk regulations for height, width and setbacks up to 25 percent rather than using the modification or variance process for these minor, routine adjustments. MBIA supports this change. Resolution 6 and Bills 17, 18, and 19 will be heard by the Council April 2nd while Bills 21, 22, and 23 will be heard on April 16th.
   BALTIMORE CITYcity
City Rental Licensing and Inspections
Councilman Henry also introduced legislation to begin licensing and inspecting 1 and 2 unit rental properties located in the City. Currently, the City inspects only 3 or more unit dwellings. To handle the increased inspection burden, third party inspectors will be employed by property owners to conduct inspections. The legislation is drafted to incentivize responsible property owners through a system of less frequent inspections for less complaints and infractions against the property. The MBIA supports this legislation. Read MBIA's testimony >>>
 
Tiny Homes and Carriage House Bill Introduced
Councilman Ryan Dorsey has introduced Bill 18-0188 , which allows "auxiliary dwelling units" subordinate to a primary residence up to 750 square feet. This legislation will allow for the construction more additional affordable housing in areas of strong market demand, the reuse of existing, blighted carriage homes and garages and create new options for simple, sustainable living for City residents. MBIA worked on drafting this legislation based on model ordinances from around the world and supports the concept of this bill.
 BALTIMORE COUNTYbalt
Downzoning End Run Legislation Introduced
Councilman David Marks has introduced Bill 20-18 , which alters the Honeygo regulations creating a moratorium on any new residential units requiring access from Chapel Road. The MBIA is opposed to this legislation it sees as bad precedent using an end run around the Comprehensive Zoning Process which allows for downzoning in a transparent, public and predictable way. If a councilmember wants to downzone property, it should be done through the CZMP process rather than creating artificial moratorium standards.
 CALVERT COUNTYcal
Public Hearing Scheduled for Water and Sewer Budget Adjustment
The Calvert County Board of County Commissioners will hold a public hearing April 10, 2018, to consider and receive comments on a proposal to adjust the Fiscal Year 2018 Water and Sewerage Enterprise Fund Operating Budget. The hearing will begin at 10:35 a.m. at the Commissioners Hearing Room in the Calvert County Circuit Courthouse, located at 175 Main St. in Prince Frederick.
   MONTGOMERY COUNTYmontcoun
County Executive Leggett Releases Recommended FY19 Operating Budget
On March 15, the County Executive released a Recommended FY19 Operating Budget of $5.56 billion for the fiscal year that begins on July 1, 2018. Of note, under the FY19 Recommended Operating Budget, the proposed property tax rate is 98.1 cents per $100 of assessed valuation - 1.98 cents below the current rate. The median tax bill (for a house assessed at $400,000) will see an annual increase of $27 from $4,005 currently to $4,132 in the coming year. It includes a $692 tax credit for owner-occupied residences.  The budget increases funding for the Montgomery County Public Schools by 3.1 percent, funding 100 percent of the Board of Education's request. The $75 million increase over the current year's budget is $19 million more than the required Maintenance of Effort level.
The proposed FY19 budget increases spending overall by only 2 percent. County government spending is actually reduced over the current year's level by 0.5 percent. The recommended budgets for Montgomery College and the Maryland-National Capital Park & Planning Commission each rose by 0.8 percent.  The budget can be reviewed on-line. You can review the County's commitment to Affordable Housing and DHCA on-line .
 
County Council Introduces Bill 8-18, Streets and Roads - Storm Drainage Right-of-Way - Abandonments
At the request of County Executive Leggett, Council President Riemer introduced Bill 8-18 on March 13th. Bill 8-18 would allow the County Executive to abandon a right-of-way that is used exclusively for storm drainage. The goal of the bill is to streamline and simplify the abandonment of unnecessary storm drain easements. A public hearing is tentatively scheduled for April 3, at 1:30 p.m.
 
County Council Introduces bills on Climate Policy, Green Roofs and Solar Panels
On March 20th, the Council introduced three environmental bills:
* Bill 10-18, Administration - Director of County Climate Policy - Established;
* Bill 11-18, Buildings - Environmental Roof Design - Non-residential and Multi-family Buildings;
* Bill 12-18, Real Property - New Home Sales Contracts - Solar Panel Systems.
 
Bill 10-18 is sponsored by Councilmember Leventhal and Councilmembers Berliner and Hucker are cosponsors. The Bill would require the County Executive to designate an employee as the Director of County Climate Policy. The Director's role would be to develop awareness campaigns, promote coordination between various offices and agencies to achieve climate goals and recommend legislation as necessary.
 
Sponsored by Councilmember Elrich, Bill 11-18 would require an environmentally sustainable roof on certain new and extensively modified commercial or multi-family buildings. According to the bill, eligible buildings must satisfy either Section 408.3 of the International Green Construction Code, with  at least 15 percent of the roof area covered by solar power system or alternative requirements for roof coverings established by Executive Regulation that are at least as stringent as Section 408.3 of the International Green Construction Code. A full or partial waiver may be approved if compliance would be impractical or unduly burdensome and the public interest would be served by the waiver. If the solar energy requirement is waived, the Director of DPS must then consider if a requirement for a vegetative roof for at least 15 percent of the roof area is practical.
 
Also sponsored by Councilmember Marc Elrich, Bill 12-18 would require the seller of a new single-family home to give the buyer an option to install a solar panel system. It would also require the seller to disclose the benefits of a solar panel system and an estimate of the cost to install the system. The purpose of Bill 12-18 is to increase the use of renewable energy in the County. The bill is co-sponsored by Councilmember Hucker.
 
Public hearings for these bills will be held on April 10th at 1:30 p.m.
 
Learn More about Montgomery County Candidates
With so many candidates in the 2018 election, it can be daunting keeping track of those that have filed for elected office. Please review the Montgomery County Chamber of Commerce Questionnaire to learn where candidates stand on policy issues of importance to the business community.
  PRINCE GEORGE'S COUNTYprinceg
Sediment Control Requirements for Solar Panel Installations
Effective immediately all proposed solar panel installations shall consider the entire area of the installed panels, in addition to any access routes to be used during installation (work area) as disturbed. An applicable plan to address grading, erosion and sediment control is thus required in accordance with COMR 26.17.01.05. Grading, Erosion, and Sediment Control documents shall be submitted to the Prince George's Soil Conservation District for review and approval and is a requirement for issuance of the Site Development permit applied for. If you have an questions, please contact the District office at  301-574-5162.
 
Water and Sewer Amendments Filing Deadline
The April 2018 Cycle of Amendments to the 2008 Water and Sewer Plan is quickly approaching! This will be the last water and sewer amendments cycle review for the current administration, as Prince George's County typically does not hold an August Cycle of Amendments during an election year. This is due to constraints imposed on certain legislations that are mandated, and adhere to specific schedules, times and dates.
The April 2018 Cycle has a filing deadline of Monday, April 2, 2018. The County strongly urges that you file your application as soon as possible to ensure receipt and acceptance by the application filing deadline. Late submittals may not be accepted, and may not be reviewed until the December 2018 Cycle, with the election of the new administration. Should you have any questions regarding the cycles of amendments, please feel free to contact the Water and Sewer Plan Coordinator, Shirley A. Branch, at 301-636-2060 or at [email protected].

FREE ePlan Customer Training
On Thursday, April 19, 2018 at 10 a.m. - 12 p.m. DPIE is offering its monthly ePlan Customer Training to show how to complete online applications and upload plans for review in our ePlan system. Training sessions are free and are held the third Thursday of every month. The training will be held at ath  Department of Permitting, Inspections and Enforcement,  9400 Peppercorn Place,  Conference Room 410,  Largo, MD 20774.
  ST. MARY'S COUNTYmary
Sign Focus Group to Meet
The Sign Focus Group will hold a meeting on Wednesday, April 4, 2018, at 6 p.m. in the commissioners meeting room inside the Chesapeake Building in Leonardtown. Agenda topics include the selection of a chairperson and discussion of permanent freestanding and temporary business signage. The meeting is open to the public. For more information, please contact Bill Hunt, Land Use and Growth Management Director, at 301-475-4200, ext.1508.
  WICOMICO COUNTYwicomico
Proposed Charter Amendments
Wicomico County Council is considering several proposed charter amendments. One of those changes is adding term limits for both Councilmembers and the County Executive. Currently there are 10 proposed amendments. Council will narrow this down to two or three.

The next meeting of the Eastern Shore Builders Chapter will be held on Tuesday, May 8, 2018 from 6:00 pm to 8:00 pm at the Ocean Pines Library, 11107 Cathell Road, Berlin. We will meet in the small conference room on the left of the hall. If you have any questions, please contact Joan Strang at [email protected] or call 410-845-0132.
  WORCESTER COUNTYworchester
Worcester County Town Funding Request
Local municipalities are seeking slight increases in funding for 2019 fiscal year.
  • Pocomoke City has requested $455,000 in unrestricted grant funding. They have also asked for $55,000 to help pay for a water pipe replacement project.
  • Snow Hill has requested $455,000 in unrestricted grant funding. In addition, they have asked for fire and ambulance funding.
  • Berlin has requested $455,000 in unrestricted grant funding. In addition, they have asked for fire and ambulance funding.
  • Ocean Pines has requested $500,000 toward its police department budget. In addition, they have asked for $100,000 for roads, bridges and drainage. Also the association has requested $25,000 for its July 4 celebration and $40,000 toward its recreation programs. Last year it received $10,000 for each of these activities.
  • Ocean City has requested a five percent increase to their grant bringing the total close to $2.01 million. They also asked the county to pay half of the projected $1.2 million cost to secure the Boardwalk from unauthorized vehicles, payable over two years. Ocean City is still waiting to hear from Worcester County on their "tax differential" law suit. The County has until Tuesday, March 26, 2018 to respond.
 
Sectional Rezoning Request Denied
Worcester County Commissioners denied rezoning an entire section of land across from the Ocean Downs Casino from E-1 Estate to either C-2 Commercial or C-1 Neighborhood Commercial. The section of land encompassed five current applications for rezoning, and 10 other property owners in the same area but had not asked for the zoning of their land to be reconsidered. The five applicants will be given separate hearings; however, no hearings were set for the applicants' requests. This section was previously considered for rezoning during 2009's comprehensive rezoning, as part of the comprehensive plan review, but was not changed.
 
HB 1135 Opposition to Permanent Offshore Wind Turbines Visible From Ocean City
Delegate Chris Adam's HB 1135 to push wind turbines farther offshore in Ocean City has received an unfavorable report from the House Economic Committee. The bill would have altered distance requirements for turbines from between 10-30 nautical miles to not less than 26 nautical miles off the coast.
 
Worcester County FY 2019 Budget
General fund revenues are estimated to be $202.6 million this year, while the requested expenditures total about $211.6 million, leaving a shortfall of almost $8.95 million. The Commissioners will be holding budget meetings to eliminate the shortfall. They are scheduled to hold a public hearing on the budget May 1, 2018.

The next meeting of the Eastern Shore Builders Chapter will be held on Tuesday, May 8, 2018 from 6:00 pm to 8:00 pm at the Ocean Pines Library, 11107 Cathell Road, Berlin. We will meet in the small conference room on the left of the hall. If you have any questions, please contact Joan Strang at [email protected] or call 410-845-0132.
  OTHER INDUSTRY NEWSother
Congress Approves $1.3 Trillion Spending Package  
Congress has approved a $1.3 trillion spending bill that will fund the federal government through the end of the current fiscal year, which expires Sept. 30.   The bill will help increase the timber production from federal lands. The legislation contains several forestry reform measures that would remove regulatory hurdles to forest management projects and shield those projects from frivolous lawsuits. The bill also provides an additional $50 million for apprenticeship programs and increase support for career and technical education programs by $75 million.

Court Issues Decision on Formaldehyde Rule
EPA's formaldehyde rule originally gave the composite wood industry until December 2017 to comply with the emissions, labeling and recordkeeping requirements. However, the rule was delayed for five months because of the transition between presidential administrations. That delay prevented EPA from properly implementing the rule, so it extended the deadline by one year to December 2018.  The Sierra Club filed suit against EPA, arguing that the extension was too long. NAHB joined with other trade associations to file a brief in the case, urging the court to uphold the extension and to consider the consequences the composite wood industries along with the industries that rely on these products would experience if EPA's extension were removed. NAHB economist Paul Emrath provided an overview of the breadth of the remodeling industry and its impact on the economy, pointing out the far-reaching effects of regulatory uncertainty on businesses, their employees and the communities they support. Emrath estimated that if the extension rule were invalidated, the resulting delay in obtaining compliant cabinets and flooring would cost residential construction more than $1.4 billion.  Nonetheless, the judge ruled against EPA on Feb. 16, but provided EPA and the Sierra Club with three weeks to consult with the impacted industries and come to an agreement. On March 13, an agreement on how the formaldehyde rule will be implemented was reached by EPA, the Sierra Club, and industry trade associations including NAHB. The agreement was then approved by the U.S. District Court for the Northern District of California.
The agreement provides certainty to the composite wood industry, and in turn, the home building industry that relies on these products, by:
  • Setting a new date of June 1, 2018, for compliance with EPA's formaldehyde rule
  • Declaring that products manufactured between December 2017 and June 2018 can be sold at market
  • Allowing products that comply with California's formaldehyde rule to be considered compliant with EPA's rule until March 22, 2019
NAHB Settlement Clarifies 'Critical Habitat' for Endangered Species
NAHB and three other national trade associations - the Utility Water Act Group, National Rural Electric Cooperative Association and American Petroleum Institute - have reached a major settlement agreement with the U.S. Fish and Wildlife Service and National Marine Fisheries Service, committing the Services to reconsider two rules finalized by the previous Administration that made sweeping changes to long-existing Endangered Species Act (ESA) regulations.  The rules at issue govern the designation of public and private land as "critical habitat," and determine whether federal actions cause "adverse modification" of land designated as critical habitat. The coalition's complaint detailed how the changes to the critical habitat regulations went far beyond the limits Congress specified in the ESA, resulting in burdensome and costly implications for a wide range of commercial activities on private, state and federal lands and waters. A group of 20 states likewise challenged the rules on the same or similar grounds.
APRIL 2018
IN THIS ISSUE
Maryland
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