MBIA Victories
Defeated SB 62/ HB 434
(Backyard Gardens- Prohibition on Restrictions) This bill would have established that a homeowner or tenant could not be prohibited from installing or cultivating a backyard garden on their property.
Defeated SB 164
(Baltimore County- Ethics- Prohibitions and Requirements Regarding Payments during Pendency of Zoning Applications) This bill would have prohibited applicants, agents of applicants and their families from making a political contribution to a Council member or the County Executive of Baltimore County during the pendency of their development process application.
Passed SB 180/ HB 644
(Independent Living Tax Credit Act) Allows for a state tax credit for individuals of 50% of renovation to provide accessibility/visitability features to or within a home; credit not to exceed $5,000.
Defeated SB 266/ HB 281
(On-site Sewage Disposal Systems- Best Available Technology for Nitrogen Removal- Prohibition) This bill would have required any newly constructed home or other building have an on-site sewage disposal system to service a newly constructed building, unless the system utilizes nitrogen removal technology (BAT System).
Defeated SB 365/ HB 599
(Exemption, Reforestation Rate and Forest Conservation Fund Alterations) This legislation would have altered the Forest Conservation Act to increase the acreage planted from a quarter acre for every acre to one acre for every acre while authoring a significantly increased in the fee in lieu rate.
Defeated SB 421/ HB 583
(Counties- Historic Preservation- Development Limitation) Does not allow “improvements” to real property abutting or adjacent to properties continuously occupied by a religious institution since the “18th Century” unless there is a 600 foot buffer, all capital projects in the consolidated transportation plan are complete, SHA and municipality approve the project, the owner covenants to allow bells to ring in perpetuity and owner covenants to pay for any improvements necessary to religious property as a result of owner’s development. This legislation would have made it practically infeasible to develop a site adjacent to a longstanding religious institution.
Passed SB541/ HB447
(Baltimore City- Board of Municipal and Zoning Appeals- Appeals Authority) Baltimore City Zoning - Clarifies long-standing, existing law to state that decisions of the Planning Commission are not appealable to the Board of Municipal and Zoning Appeals (BMZA). Without this legislation, decisions of the Planning Commission on matters such as design decisions and subdivisions would able to get into the circuit court and courts of appeals delaying projects for years.
Defeated SB 550
(Frederick County- Ethics Requirements and Campaign Activity Concerning the County Executive and County Council) Requires nonelected members of boards and commissions in Frederick County to vacate office on becoming a candidate for an elected office, as specified; prohibiting a business entity, and a lawyer or lobbyist for the business entity, that has a pending bid or application before a county board or commission from making a contribution to candidates, and requires a campaign finance entity for a candidate to disclose a contribution from a developer or their agent within a specified time period.
Defeated SB 722/ HB 1311
(Public Safety- Light Frame Combustible Construction- Requirements) Requires DHCD, by 10/1/2018, to adopt by regulation a statewide building code relating to buildings constructed with or being constructed by specified light frame (wood) combustible construction; established requirements for the construction of specified buildings; prohibits a construction project using a specified type of construction from proceeding unless a fire watch warden is present; establishing qualifications and responsibilities. This bill would have made the use of wood frame construction on projects 4 or more stories financially infeasible in most cases.
Defeated SB 805
(Frederick County- Ethics- Prohibited Contributions to Planning Commission Members) Prohibits a specified applicant from making a contribution to a member of the Planning Commission in Frederick County who is a candidate for Frederick County Council or Frederick County Executive during a specified period of time; prohibits a specified member of the Planning Commission from voting or participating in proceedings on a specified application if the member, the treasurer, or the political committee of the member received a contribution from a specified applicant.
Amended SB 812/ HB 1514 (Housing and Community Development- Community Development Program Act) Establishes the Community Development Program in DHCD. The bill originally provided for an imposition of a community development transfer fee on residential and commercial property under specified circumstances ranging from $50-$250 based on cost of the transfer (1st time buyers exempt). Bill was amended to take out the community development transfer fee. There is currently no funding source for this program.
Defeated SB 852/ HB 203 (Maryland Accessibility Code- Applicability) This legislation sought to clarify that the Maryland Accessibility Code applies to new construction, a renovation, a reconstruction of an existing building, and a specified change of use. The bill would have required residential less than 4 stories to be made accessible in all instances.
Defeated SB 870/ HB 466 (Prevailing Wage- Tax Increment Financing Developments – Application) This bill alters the prevailing wage law to apply to structures or works constructed with bond proceeds in tax increment financing development districts and applying the Act only to a contract executed on or after July 1, 2017. This bill would have made the creation of future TIFs less likely as they would become significantly more expensive.
Passed SB 929/ HB 959 (Commercial Law- Consumer Protection- Door-to-Door Sales) This bill recodifies, in part, the definition of “door-to-door sales” as provisions that establish the application of the Maryland Door-to-Door Sales Act. MBIA worked with the sponsor on this bill over the summer to clarify some language in a bill that passed in the 2016 session.
Defeated SB 1185/ HB 1413 (Real Property- New Residential Construction- Correction of Drainage Defect) Requires a home builder to correct an alleged drainage defect within 30 days after receiving written notice of the defect if an owner provides notice to the home builder within 1 year after the time the owner takes procession or the day the home builder completes grading or landscaping work.
Defeated HB 496 (Baltimore County- Nuisance Actions- Community Association Standing) Alters the definitions of “community association” and “nuisance” for purposes of provisions of law authorizing community associations to seek judicial relief for nuisance abatement in Baltimore County; repeals a provision of law requiring a court to determine in what amount and under what conditions a bond must be filed by a community association in a nuisance action.
Defeated HB 1118 (Natural Resources- Roadside Trees- Preservation and Protection) Attempted to create State policy to preserve and protect roadside trees. Required DNR to create regulations on roadside trees, notice in the event of remediation of roadside trees causing hazard.
Defeated HB 1146 (Labor and Employment- General Contractor Liability for Nonpayment of Wages) Provides that general contractors are jointly and severally liable for violations of the wage payment and collection law by their subcontractors and subcontractors’ subcontractors. This bill would have made general contractors responsible for payment of wages to employees of their subcontractors and even employees of subcontractors of subcontractors.
Defeated HB 1368 (Electrician- Local Licenses- Repeal) Requires that an individual be licenses by the state Board of Master Electricians before the individual provides electrical services in the State; repeals the authority of local board to issue a local license to provide specified electrical services; provides that local jurisdictions may locally regulate specified work by establishing a system of registrations designed to take action against specified registrants, and to report enforcement action to the State Board.
