Part D
Local Government
Local Government - Generally
Land Use and Zoning
Article 66B Study Commission
A study commission examining the zoning and planning article (Article 66B of the Code) recommended the introduction of two legislative proposals, both of which were introduced as cross-filed bills. The first proposal, Senate Bill 624/House Bill 889 (both passed), revises, restates, and recodifies the article without making any substantive changes. The recodification provides consistent and updated terminology, removes legalese, and reorders provisions in the article into a more organized format.
The second proposal, Senate Bill 523/House Bill 904 (both passed), amends provisions of the zoning and planning article that apply to counties operating under the commissioner and code forms of county government. The bills grant counties the authority to make administrative adjustments to specific provisions in local zoning ordinances. Before developing criteria for administrative adjustments, a local legislative body must consult with the planning commission and the board of appeals, and must provide public notice and an opportunity for the public to review and comment on the criteria. Administrative adjustments may not be made to State or local requirements that are intended to protect environmentally sensitive areas. Senate Bill 523/House Bill 904 also authorize local governments to grant adaptive reuses for improved properties. An adaptive reuse must be consistent with the plan for the local jurisdiction, must be in the public interest, and may only be permitted if the literal enforcement of the applicable zoning classification would deprive the owner of all reasonable economically viable uses of the property. The bills also modify the permissible membership of boards of appeal, requiring a minimum membership of three members in lieu of requiring either three or five members. Senate Bill 523/House Bill 904 also make numerous changes pertaining to administrative procedures relating to local land use decisions.
Public Facilities
House Bill 1206 (passed) also amends the zoning and planning article. The bill, which seeks to ensure that adequate public facilities and infrastructure are available or planned in planned growth areas under control of the respective local government, is described more fully in Part K - Natural Resources and Agriculture of this 90 Day Report.
Charles County Planning Commission
The United States 301 Policy Oversight Committee (POC), established by the Maryland Department of Transportation, adopted recommendations designed to protect future transportation corridors and rights-of-way. State and local agencies are taking steps to protect future transportation corridors; however, the POC concluded that additional measures need to be put in place to strengthen the agencies' ability to protect these rights-of-way. Senate Bill 893 (passed) authorizes the Charles County Planning Commission to provide for the reservation of land for traffic, recreation, or other public purposes. A reservation of land may not continue for more than three years without the written approval of all persons having a legal or equitable interest in the property. Property reserved for public use shall be exempt from State, county, and local property taxes. Further, Senate Bill 893 requires that regulations of the Charles County Planning Commission provide for public notice and an opportunity for a public hearing before a property may be reserved.
Recordation Tax
House Bill 792 (passed) is enabling legislation that allows the county tax collectors, rather than the clerks of the circuit courts, to collect the recordation tax beginning in fiscal 2001. In fiscal 2001 only, if a county other than Prince George's assumes responsibility for collection of the recordation tax, the county must remit to the State Comptroller the applicable percentage that the State would have otherwise received under § 2-213 of the Courts and Judicial Proceedings Article had the clerk of the court collected the tax. For a more detailed discussion of this bill, see Part B - Taxes of this 90 Day Report.
Select Legislation of Local Interest
Circuit Court Funding
Most of the funding for circuit court masters is provided by the counties and Baltimore City. House Bill 913 (passed) requires the State, beginning in fiscal 2002, to pay the salaries and benefits of standing circuit court masters and increases the State contribution to juror per diem expenses from $5 to $15. For a more detailed discussion of this bill, see Part F - Courts and Civil Proceedings of this 90 Day Report.
Smart Codes
Two administration bills, Senate Bill 207/House Bill 284 (both passed) provide for the adoption of a new Maryland Building Rehabilitation Code, under the advisement of a new code advisory council. Another administration bill, House Bill 285 (passed), requires the Maryland Office of Planning to draft model land codes for infill development and smart neighborhood development. For a more detailed discussion of this bill, see Part C - State Government of this 90 Day Report.
Additional State Education Aid: Senate Bill 810/House Bill 1247 (both passed) provide significant additional funding to county governments for public school teacher salary increases, academic intervention, and other educational programs. For a more detailed discussion of this legislation, see Part L - Education of this 90 Day Report.
Prevailing Wages for School Construction: Senate Bill 202 (passed) requires that the prevailing wage law apply to school construction projects of $500,000 or more, if 50 percent or more of the project is funded by the State. For a more detailed discussion of this bill, see Part C - State Government of this 90 Day Report.
Nuisance Abatement
Senate Bill 451 (passed) authorizes a municipal corporation within whose boundaries a property is being used for specified offenses involving controlled dangerous substances to bring a nuisance abatement action in the District Court. Under current law, the nuisance action may be brought by the State's Attorney, by the county attorney of the county in which the nuisance is located, or by a qualifying community association within whose boundaries the nuisance is located. Senate Bill 451 adds a municipal corporation to the plaintiffs authorized to file an action for abatement of the nuisance.
Audit Requirements
Senate Bill 503/House Bill 1181 (both passed) allow the Legislative Auditor to authorize a municipal corporation or special taxing district with annual revenues of less than $50,000 in the past four fiscal years to have an audit conducted once every four years rather than on a biennial basis. Under current law, the biennial audit must cover both fiscal years and must be conducted by an independent certified public accountant (CPA). Since independent CPAs charge for each year audited, the municipal corporations have not saved money under the current statutory schedule. Senate Bill 503/House Bill 1181 are intended to lower expenditures for municipal corporations since they will have to pay for an audit only once every four years. The bills apply effective fiscal 2001. It is anticipated that 17 municipal corporations and special tax districts could qualify under provisions of the bills.
Maryland Municipal League Program
The goal of the Maryland Municipal League (MML) 2000 legislative program was to promote development and redevelopment in Maryland's cities and towns by making necessary tools available to municipal governments while preserving local government independence and authority. In keeping with this program, MML supported the following bills.
Smart Codes
Senate Bill 207/House Bill 284 (both passed) and House Bill 285 (passed) relate to the next phase of the Governor's Smart Growth Initiative -- "Smart Codes."
Senate Bill 207/House Bill 284 create a 27-member Maryland Building Rehabilitation Code Advisory Council and require the Department of Housing and Community Development to work with the Advisory Council, the Department of Labor, Licensing, and Regulation, and the State Fire Marshal in adopting, by regulation, a Maryland Building Rehabilitation Code (MBRC) modeled on the Nationally Applicable Recommended Rehabilitation Provisions. The purpose of the MBRC is to encourage and facilitate the rehabilitation of buildings by reducing the costs and constraints of existing procedures and standards. For a detailed discussion of this topic, see the State Agencies, Offices and Officials heading of Part C - State Government of this 90 Day Report.
House Bill 285 requires the Maryland Office of Planning to develop model land-use codes for infill development and smart neighborhood development and to draft guidelines to provide local governments with information on innovative planning and implementation techniques to encourage such development within priority funding areas. Additionally, the bill directs the Office of Planning to work with local governments and State agencies to develop incentives to encourage local governments to voluntarily adopt and implement the models and guidelines that are developed under the bill. For a detailed discussion of this topic, see the State Agencies, Offices and Officials heading of Part C - State Government of this 90 Day Report.
Tax Credits
Senate Bill 507/House Bill 830 (both passed) authorize the Mayor and City Council of Baltimore City or the governing body of a county or a municipal corporation to grant a property tax credit for commercial or residential real property that is rehabilitated under regulations adopted by the governing body. The tax credit may not extend beyond ten years after the rehabilitation is completed and may not exceed the tax increase attributable to the increased assessment resulting from the rehabilitation. For a detailed discussion of this topic, see the Property Tax heading of Part B - Taxes of this 90 Day Report.
Land Use
Other MML priorities during the 2000 session included substantive and nonsubstantive legislation affecting land-use regulation under Article 66B of the Annotated Code of Maryland. These bills are addressed under the "Local Government - Generally" heading of this Part D - Local Government.
While the General Assembly considered numerous bills concerning the bi-county agencies during the 2000 session, only two measures, dealing with the Washington Suburban Sanitary Commission (WSSC), passed.
Washington Suburban Sanitary Commission
Water and Sewer Main Extensions -- Private Development
The overall schedule for system development by the WSSC and the need for water and sewer service for a particular private development do not always coincide. In order to allow permitted development to move forward while minimizing the costs of delay, House Bill 689 (passed) authorizes a private developer to build sewer line extensions of up to 2,000 feet that are necessary to serve the development, or similarly necessary major projects that are included in the WSSC Capital Improvement Program. This authorization currently exists for small segments of water lines. These privately built facilities must still meet WSSC standards. The WSSC inspects and oversees the construction of the facility, and assumes ownership on completion. House Bill 689 also makes conforming changes to the scope of major projects included in the Capital Improvement Program, by excluding local water and sewer main extensions of 2,000 feet or less.
WSSC Infractions -- Utility Construction Permits
Under current law, the failure to abide by WSSC public utility construction regulations, primarily involving excavation, is a misdemeanor punishable by a fine of up to $1,000 and imprisonment not exceeding 30 days. However, there has been no lesser penalty for failure to obtain a permit from the WSSC for that construction. House Bill 690 (passed) institutes a civil infraction for failure to obtain a WSSC public utility construction permit. The infraction is subject to a civil fine of $250 for a first violation, $500 for a second violation, $750 for a third violation, and $1,000 for any subsequent violation. The civil fines are payable to the WSSC. House Bill 690 also explicitly authorizes the WSSC to adopt regulations governing permits required for public utility construction.
Minority Business Enterprise Programs and Nondiscrimination
Two bills dealing with minority business enterprises and nondiscrimination policies were considered during this legislative session, but neither passed.
House Bill 696 (failed) would have required the WSSC to report each year to the Senate and House delegations from Prince George's County and Montgomery County on the implementation and administration of its minority business enterprise program for construction. A similar requirement currently exists for minority business enterprise programs for other procurement areas.
House Bill 691 (failed), a reintroduction from the 1999 session, would have prohibited the WSSC from discriminating against a person based on sex, race, creed, color, age, mental or physical handicap, sexual orientation, or national origin. The bill would also have required WSSC construction and design/build contracts, and incorporated subcontracts, to include a nondiscrimination provision.
Privatization and Ancillary Services Transfer
As a result of the final report of the Task Force on Privatization of the Washington Suburban Sanitary Commission in late 1999, the Prince George's County and Montgomery County House delegations considered several unsuccessful proposals to alter the fundamental structure of the WSSC and the provision of water and sewer services in the two counties. In line with the underlying recommendation of all of the options presented by the task force, House Bill 1012 (failed) would have transferred to the county governments the ancillary services that the WSSC performs in the areas of permitting for water and sewer services, plumbing inspection and permitting, gasfitting regulation, and sewer cleaning regulation. The bill would have required plumbers in the Sanitary District to be licensed by the State Board of Plumbing.
Two other proposals for privatization were introduced. House Bill 692 (failed) would have required the WSSC to sell its assets, resulting in complete privatization. House Bill 1011 (failed) would have established two committees, one to study ancillary services transfer options, and one to study further privatization options. Another privatization option, contract management of WSSC water and sewer facilities, was discussed in the context of these two bills, but did not succeed this session.
Maryland-National Capital Park and Planning Commission
In the area of labor relations, House Bill 712 (failed) would have required the MNCPPC to implement binding arbitration for its employees who are currently represented by a bargaining unit, other than law enforcement employees. Existing law allows collective bargaining and mediation for these employees, but not binding arbitration.