MARYLAND 
|
The Maryland Building Industry Association reviewed 357 of the over 3,217 bills introduced by the Senate and the House this year. MBIA took a position on 307 and submitted testimony on 149 bills. In the end, 890 bills were passed by the legislature. We are very proud of the successes we achieved during the 2018 Legislative Session and the MBIA Government Affairs team will continue to work hard on behalf of the building industry to make it easier for you to do your job.
2018 Legislative Session Review Booklet >>>
|
Environmental Site Design
MBIA continues to work with Maryland Department of the Environment to provide feedback on current Environmental Site Design regulations. We plan to submit a draft proposal highlighting current issues, case studies, and proposed solutions this summer. For more information, or if you have a case study that may be helpful, contact Angelica Bailey at
[email protected].
|
ANNE ARUNDEL COUNTY
|
New APF Moratorium Bill
Councilman Grasso's new APF moratorium legislation,
Bill 15-18
, which sought to permanently enshrine the 95% capacity threshold into law while changing the current binary open/closed school chart into a rolling chart, was amended to sunset by January 1, 2020. The bill is currently only hold until at least May 7th as a new APFO task force, including three MBIA members, meets to work out a solution to school crowding challenges. The MBIA remains opposed to this legislation as currently drafted.
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. This resolution failed to pass.
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 and was passed on April 16th.
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.
Bill 22-18
allows the Planning and Zoning Office to administratively adjust bulk regulations for height, width and setbacks up to 25% rather than using the modification or variance process for these minor, routine adjustments. MBIA supported this change, but unfortunately this legislation was withdrawn due to community complaints.
Bill 27-18
requires mailed notification to neighboring property owners before the Planning and Zoning Officer may approve of any modification and bans modifications of community meeting standards.
Bill 28-18
alters the standards for time extensions for various parts of the development review process. Specifically, the bill allows extensions for up to 360 days without a modification but requires a modification for subsequent time extensions.
Rezoning Limitation Introduced
Councilman Grasso has introduced another anti-business bill,
Bill 35-18
, which limits rezonings of residential property to the next most intensive zoning district. The MBIA is opposed to this legislation, which will have a public hearing on May 21st.
|
BALTIMORE CITY
|
|
City Set to Increase Transfer and Recordation Tax by 40 Percent
Councilman John Bullock, along with the entire City Council as co-sponsors, has introduced
Bill 18-0221
. The bill raises the transfer tax by .6% and the recordation tax by .4 percent for a total of 1 percent, on all commercial transactions while exempting owner-occupied residential transfers. This takes Baltimore City's total transfer and recordation tax to 4 percent, which is 1.5 percent more than any other jurisdiction in the State. Money raised by this new tax will go to the Affordable Housing Trust Fund created by Baltimore City voters in 2016. While MBIA supports adding funds to the Affordable Housing Trust Fund, it does not support an additional tax on business transactions.
|
BALTIMORE COUNTY
|
|
Downzoning End Run Legislation Withdrawn
Councilman David Marks introduced and subsequently withdrew
Bill 20-18
as a result of MBIA advocacy. The bill would have altered the Honeygo regulations creating a moratorium on any new residential units requiring access from Chapel Road. The MBIA argued this legislation set bad precedent using an end run around the Comprehensive Zoning Process by effectively creating a downzoning without a transparent, public and predictable process. If a councilmember wants to downzone property, it should be done through the CZMP process rather than creating artificial moratorium standards.
|
CALVERT COUNTY
|
|
Public Hearing for Request to Establish New Tax District in Chesapeake Ranch Estates
The Calvert County Board of County Commissioners will hold a public hearing Tuesday, May 1, 2018, to consider and receive comments on a petition for the Property Owners Association of Chesapeake Ranch Estates to establish a new special tax district beginning Fiscal Year 2019. The hearing will begin at 7 p.m. at the Southern Community Center, located at 20 Appeal Lane in Lusby.
The proposed special tax district will primarily fund the cost of road sustainment, equipment replacement, safety projects, dams and storm water annual maintenance through June 30, 2023. Individuals who cannot attend the public hearing may submit written comments. These written comments must be received by 4:30 p.m., April 30, 2018, and may be submitted by emailing
[email protected]
or through the U.S. mail to the BOCC at 175 Main St., Prince Frederick, MD 20678.
|
CHARLES COUNTY
|
|
Transportation Priority Letter
The Board of County Commissioners approved the Maryland Department of Transportation Priority Letter that summarizes Charles County's transportation project priorities. The top priority is the funding for the project planning phase for light rail transit service that connects Branch Avenue Metro Station in Prince George's County with Waldorf and White Plains in Charles County. This project would integrate transportation with land use policy by concentrating transit options where the greatest areas of growth are planned to occur. The letter also highlighted several other transportation priorities that are being planned for discussion at the annual tour meeting scheduled with the MDOT secretary and staff in the fall.
Seminar on Doing Business with Charles County Government on May 10th
The Charles County Department of Economic Development will host a free seminar on how to do business with Charles County Government on Thursday, May 10 from 9:30 a.m. to noon at the Waldorf West Library, 10405 O'Donnell Place, Waldorf.
Participants will learn how to:
- Become a Charles County Government vendor.
- Certify their small locally-owned business with the county's Small Local Business Enterprise Program.
- Register their minority-owned business with the county's Minority Business Enterprise Program.
- Access county business opportunities and business development support
|
MONTGOMERY COUNTY
|
|
After Hiatus, Bill 10-17, Recordation Tax-Rates-Amendments Will Return to the Government Operations Committee
On May 3rd, the GO Committee will continue work on Bill 10-17 which seeks to restructure the Recordation Tax Premium. The Premium was raised in 2016 from $1.55 to $2.30 via Bill 15-16. Bill 10-17 was initially discussed during work sessions in May, June and July 2017.
As introduced, the bill would change the Recordation Tax Premium from $2.30/$500 on all properties valued over $500,000 to a tiered strategy that would reduce the Premium on transactions that are more than $500,000 but less than $1 million from $2.30/$500 to $1.55/$500. The Bill would increase the Premium for transactions that are more than $1 million but less than $2 million from $2.30 to $2.55/$500. The Bill would also increase the Premium for transactions over $2 million from $2.30 to $3.55/$500.
Update on Councilmember Elrich's Solar Bills
The work sessions for Bills 11-18 and Bill 12-18 are tentatively scheduled for June 18th in the Transportation, Infrastructure, Energy and Environment Committee. The Montgomery County Chapter and Custom Builders Committee have submitted the following testimony in opposition of the bill (
Bill 11-18
and
Bill 12-18
). The Chapter and Committee chair will begin meeting with the Council members to discuss this bill in late May.
Introduced on March 20th,
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% 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% 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.
Council Introduces ZTA to Improve Development Review Process for Business Headquarters
On April 10th, the Council introduced
ZTA 18-05, Uses, Use Standards, and Regulatory Approvals - Signature Business Headquarters, to improve the review process for large businesses with 25,000 or more employees. Notably, the proposed ZTA would not change master plan recommended densities, but would allow flexibility to change the allocation between residential and commercial uses. It would allow increases in height (subject to a Planning Board finding of compatibility), but only for properties already zoned to be developed at 150 feet or higher. It also presents an alternative means of meeting master plan staging goals. Most significantly, the ZTA reduces the regulatory review time for the development review process. It maintains the same public participation process for signature business headquarters plans as the one currently used for sketch plans and site plans approved under the CR zone. A public hearing will be scheduled for May 15, 2018.
DPS Holds Rate Adjustment to 3 Percent for FY19
DPS to increase fees by 3 percent in FY2019 to cover increases in DPS costs. Rates were comprehensively revised, based on costs as of July 1, 2013. While CPI for these costs is 7
percent in current dollars, DPS will hold the FY19 adjustment to 3
percent. This action comes after four fee reductions in 2012-2015, including elimination of the 10
percent automation fee, and holding the reduced rates in 2016-2018.
State Bill Requires Homebuilders to Provide Buyers Information about Energy Efficient Options
Members of the Montgomery County Delegation sponsored
successful legislation that requires home builders provide purchasers with written information about energy efficient options prior to execution of the contract. This requirement only applies to those building a development of 11 or more new homes.
Aid to Montgomery County Allocated in State Operating and Capital Budgets
Outlined in the State operating and capital budgets (SB 185 and SB 186), direct State aid to Montgomery County will increase from $782 million to $816 million, an increase of $34 million. Twenty-six million dollars of that increase will be allocated to Montgomery County Public Schools.
State Legislation Allows County's Housing Opportunities Commission to Partner with Private Sector Developers
A local bill sponsored by the Montgomery County Delegation passed giving the Housing Opportunities Commission (HOC) an additional tool to increase access to affordable housing in the County. The bill allows HOC to create subsidiary entities in partnership with the private sector. These partnerships have become increasingly popular as a method to develop mixed income properties, which include both market rate and affordable housing units. These developments are typically financed with a combination of private and public funds. This bill allows HOC to partner with the private sector to grow the County's affordable housing inventory. It also ensures that HOC projects created under this new model will qualify for favorable tax treatment in the same manner as current HOC projects.
|
PRINCE GEORGE'S COUNTY
|
|
Zoning Ordinance Rewrite Legislation
Council Bills CB-13-2018, CB-14-2018 and CB-15-2018 were presented by request of the Planning Board to officially begin the legislative process of the Zoning Ordinance Rewrite.
CB-013-2018 Proposed Comprehensive Zoning Ordinance Rewrite
CB-014-2018 Proposed Countywide Comprehensive Map Amendment Process
CB-015-2018 Proposed Comprehensive Subdivision Regulations Rewrite
The County Council will host multiple Committee of the Whole Work Sessions on the Zoning Ordinance Rewrite legislation. The following work sessions are designated to receive public comment:
May 14th - First Floor Council Hearing Room (7:00 p.m.)
July 10th - First Floor Council Hearing Room (7:00 p.m.)
July 17th - Second Floor, Room 2027 (2:30 p.m.)
All worksessions will be held at:
County Adminsitration Building
14741 Gov. Oden Bowie Drive
Upper Marlboro, Maryland 20772
|
WICOMICO COUNTY
|
|
Wicomico County Budget
Wicomico County has proposed a $151,393,421 million operating budget for fiscal 2019. No increases are planned for either real or personal property tax rates. The FY2019 estimated recurring revenue has increased by 5.5% over last year's budget. A public hearing on the budget will be held on Tuesday, May 1, 2019 at the Government Office Building at 6:00 pm.
Salisbury City Budget
The Salisbury City Council has proposed a $61 million operating budget for fiscal 2019. The budget maintains the current property tax rate, but increases water and sewer rates by 8 percent effective October 1, 2018. City officials have said the proposed new rates are necessary to cover the increased costs of electricity and chemicals at the new wastewater treatment plant.
|
WORCESTER COUNTY
|
Legislative Bill 18-2 - Zoning - Seasonal Resort Developments
Worcester County Commissions passed Legislative Bill 18-2. This is an amendment to the code that will allow cottage courts - groups of vacation bungalows in the R-4 general residential district-by exception. In order to build the cottages you are required to have 5 acres of land or more. Each acre may have up to eight cottages. Cottages are limited to 600 square feet and will each be required to have two parking spaces. The cottages will be required to be closed four months of the year.
Sectional Rezoning Request Reversed
Worcester County Commissioners reversed 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, which they had previously decided only to consider the five properties that had submitted applications to be rezoned. The rezoning will now go to the Planning Commission to make a recommendation to the County Commissioners. The section of land encompasses five current applications for rezoning, and ten other property owners in the same area that had not asked for the rezoning of their land to be considered. This section was previously considered for rezoning during 2009's comprehensive rezoning, as part of the comprehensive plan review, but was not changed.
Opposition to Permanent Offshore Wind Turbines Visible From Ocean City
Despite the defeat of a bill in the Maryland General Assembly that would have forced the siting of the wind turbines at least 26 nautical miles offshore the prolonged battle continues. The public has started two petitions. One called the White House Petition would seek intervention from the executive branch on the wind turbine location issue. The second, called the MoveOn.org petition seeks to have federal officials who still hold sway over the final decisions to mandate the turbines be located at least 26 nautical miles offshore. The City Council voted to put the two petitions on the town's website and other outlets.
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 at Snow Hill High School at 7:00 pm.
Ocean City FY 2019 Budget
Despite a slight decline in real property assessments from the state, Ocean City's $127.2 million FY 2019 budget does not call for any increase in taxes. Final approval of the budget will be in June.
Local Elections
Ocean City Today staffer Brian Gilliland will run against Snow Hill incumbent Mayor Charlie Dorman in the May election.
Pocomoke City native Todd Nock was elected to city councilman for District 4. He defeated challenger Ryan Hurley. District 5 Councilwoman Esther Troast was reelected without opposition.
Eastern Shore Builders Chapter 2018 Scholarship Recipient
The Eastern Shore Builders Chapter 2018 scholarship recipient is Zachary W. Lewis from Cambridge. Zachary currently attends Cambridge South Dorchester High School. In the fall he will attend Southern Arkansas University majoring in Welding Engineering and minoring in Business. After graduation his goal is to return to Dorchester County to start a welding engineering firm to help with the growing needs of his community.
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 NEWS
|
|
WSSC proposed updates to its current Plumbing and Fuel Gas Code include:
1.)
Adopting the 2018 International Plumbing Code.
2.)
Improving permit and inspection protocols. An example being having a permit selection table to more easily determine if and when a permit is needed for various scopes of work.
3.)
Improving Code violation enforcement protocol by providing a clear course of action.
4.)
Streamlining efforts such as aligning with the county building permitting allowances (large projects get a foundation permit while remainder of vertical construction is still in design phases.
5.)
Codify policies for transparency; for example:
-
Allowing sewer pipe to pass under or thru an adjacent building if under same ownership
-
Recognizing Industry practice relating to fixture traps and vents that serve them
-
Improving cross connections and backflow protections
There will be no increase in fees for new construction. However, there will be a minimum increase for large scale renovation projects that require a water pipe upsizing. These projects will be treated as new construction for cross connection/backflow requirements. Approval by the WSSC Commissioners is now expected in June with an effective date of August 1, 2018. View the changes >>>
No Changes Needed for Lead, Renovation, Repair, and Painting Rule
A federally mandated review of the Environmental Protection Agency's "Lead: Renovation, Repair and Painting Rule" has concluded that, despite the lack of an accurate lead paint test kit, the rule should remain the same.
While acknowledging that "a lead test kit meeting the rule's positive response criterion has not come to market," the agency concluded that the benefits of lead-safe work practices "continue to exceed its costs," which NAHB Remodelers have demonstrated can be considerable. NAHB is now analyzing the review, including the new cost-benefit analysis provided by the agency, and more details will follow. Find out more >>>
From the Maryland Register
The Secretary of the Environment proposes to amend Regulation .02 under COMAR 26.03.02 Submissions of Plans for Approval and Record of Systems of Water Supply, Sewerage, and Storm Water. The purpose of this action is to remove the requirement that small businesses with privately owned water/sewerage systems place capital into an escrow account for 20 years, equal to the cost of the capital expenditure the small business is making to construct or expand their water/sewerage system. Comments will be accepted through May 14, 2018.
The Secretary of the Environment proposes to amend Regulations .02 and .03 under COMAR 26.03.13 Bay Restoration Fund Implementation. The purpose of this action is to amend the existing regulations to reflect statutory changes to Environment Article, 9-1605.2, Annotated Code of Maryland, during the 2017 legislative session in Md. Laws Chapter 369 (H.B. 384). Specifically, the definition of "eligible costs" under the Bay Restoration Fund (BRF) has been modified so that BRF funds may be used for BNR upgrades. Comments will be accepted through May 14, 2018.
The Secretary of the Environment proposes to amend Regulation .10 under COMAR 26.17.04 Construction on Nontidal Waters and Floodplains. The purpose of this action is to clarify the requirements and qualifying categories for a general waterway construction permit, and establish a time frame by which the Department must concur that the requirements for a general waterway construction permit have been met. Comments will be accepted through May 14, 2018.
|
|
|
Use our
Quick Sign Up link
to become part of MBIA's strong advocacy program through Voter Voice and help us stop burdensome regulations against the industry. You have the unique ability to tell our officials exactly how a given policy affects you and others in the industry.
|
|
ACRONYM GLOSSARY
Acronyms are often used as time saving, shorthand ways to communicate lengthy titles or basic concepts. This glossary provides a quick reference to the terms, acronyms and abbreviations commonly used in this industry.
|
|
Maryland Building
Industry Association
11825 West Market Place
Fulton, MD 20759
301-776-MBIA (6242)
|
Chief Executive Officer
Manager, Legislative and Regulatory Affairs
Vice President,
Government Affairs
Erin Bradley
Vice President,
Government Affairs
Vice President,
Government Affairs
Building Codes Consultant
Vice President,
Government Affairs
|
|
WHO DO YOU KNOW?
Help us make a connection.
Tell us if you know a Federal or Maryland State legislator and how you know them. Are you a neighbor, friend, business associate or second cousin twice removed? We want to know.
In the future, we may call on you to introduce us to that legislator. This can make a big difference when important legislation effecting the building industry comes our way.
|
|
|
|
JOIN MBIA TODAY
Together We Can Do More
|
|
|
The Maryland Building Industry Association has a government affairs staff of representing you and your interests in each county and at the state level from the Maryland State Builders Association and federally f
rom the National Association of Home Builders.
Add up the dollar value of our advocacy victories and you're talking real money - from $6,882 up to $61,000 per housing start depending on the jurisdiction. That's a big number, and a big step toward success.
|
|
Look back through the monthly reports of issues impacting the home building industry.
|
|
 |
|
