Council Enacts Legislation for Prepayment of 2018 Property Taxes in 2017

Today we approved Bill 42-17, Property Tax Advance Payment — Authorized.  This bill enables county residents the option to prepay their 2018 property tax this year. Here is the full press release and links to the county website with detailed instructions:

The Montgomery County Council held a special legislative session today to enable residents to prepay their 2018 county property tax in 2017.  By a 7-1 vote, the Council enacted Bill 42-17, Property Tax Advance Payment — Authorized.  The bill gives county residents the option to prepay their 2018 property tax this year.   The bill requires the county to refund any amount paid that is greater than the property tax owed and would permit the county to bill the property owner for any amount of the prepayment that is less than the 2018 property tax once it is finally determined.

 “Creating this prepayment option may open the door for many middle-class county residents to get a final year of benefit from deducting their property tax on their 2017 federal tax return,” said Council President Hans Riemer.  “Initial speculation was that only the most affluent residents could take advantage of this option. But with the benefit of public input, we now know that the prepayment option will be a potential benefit to thousands of county residents of more average means.”  

 Maryland tax law authorizes the governing body of a county to enact a law permitting taxpayers to make an advance payment of county property tax.  State law requires that the advance payment must be the full amount of county property tax owed for the prior year. 

 On Dec. 22 President Trump signed the federal Tax Reform Act into law. The act will limit the deduction for state and local income, sales, and property tax to $10,000 beginning in 2018.  The advance payment of 2018 property tax before the end of 2017 may be deductible for some taxpayers on their 2017 federal income tax return.

 Montgomery County’s Finance Department encourages county taxpayers who intend to prepay their 2018 property tax this year to mail their payment.  The county is providing information on the websites of the county, the Finance Department, and the Council, and also via the Paperless Airplane and Regional Services Center newsletters and on social media.

 Before mailing a payment, residents must print a Notice of Intent form located on the websites, fill it out, sign it, and mail it with their payment to the Treasury Office: 255 Rockville Pike, Suite L-15, Rockville, MD 20850.  

 State law requires that residents who intend to prepay their property tax must pay the full amount of their 2017 county property tax.  If residents owe property tax for the current or prior years, the payment will be applied to any past due amount before it is applied to any advance payment.

 Residents are encouraged to consult with their tax advisor to understand whether prepaying their 2018 property tax this year will benefit their tax situation.  Montgomery County makes no representation as to whether the prepayment may be deducted for federal income tax purposes.

 Instructions and more information on property tax prepayment for 2018 can be found at:

http://montgomerycountymd.gov/finance/Resources/Files/2018_prepay/Property_Tax_Prepayment_Info_V2.pdf

Submissions must include a signed Notice of Intent form, which can be found at:

http://www.montgomerycountymd.gov/finance/Resources/Files/2018_prepay/Notice_of_Intent.pdf  .

A checklist for prepaying 2018 property taxes can be found at:

http://www.montgomerycountymd.gov/finance//Resources/Files/2018_prepay/Checklist_flyer.pdf  .

Youth Town Hall

I couldn’t be happier with this year’s Youth Town Hall meeting. Nearly 300 students and young residents of Montgomery County were in attendance on Wednesday, November 29. My colleagues and I spoke with many students individually while others asked the full Council questions about important issues affecting their lives. Some topics discussed included bullying prevention, gang activity, pre-k education, issues affecting minority students, school overcrowding and overall safety in schools. I want to thank everyone who attended and I was especially impressed with the thoughtfulness of the questions we received. If you couldn’t attend, you can still watch it here.

Town Hall Meeting for Students - Wednesday, November 29 at 7:00 p.m.

The Council will hold the always-popular Town Hall Meeting for Students on Wednesday, November 29, at the Council Office Building in Rockville. The meeting will be held in the Council’s Third Floor Hearing Room beginning at 7 p.m. A pre-meeting reception will begin at 6:00 p.m. in the building’s second-floor cafeteria. 

This meeting is open to high school, middle school and local college students. This event provides an opportunity for the participants to let Councilmembers know how they feel about specific issues and to ask us questions in an organized, but informal, setting. 

The meeting will be broadcast live on County Cable Montgomery (CCM—cable Channel 996 on Comcast, Channel 1056 on RCN, and Channel 30 on Verizon) and rebroadcast at various times in the weeks following the meeting. The meeting will also be streamed on Facebook Live and YouTube (FB.com/CountyCableMoco and YouTube.com/CountyCableMoCo).

If you need more information or have questions about the meeting, email sonya.healy@montgomerycountymd.gov or call 240-777-7926.

Montgomery County Executive's Ball - Sunday, December 3, 2017

Join me at this year’s Montgomery County Executive’s Ball on Sunday, December 3 at the Bethesda North Marriott Hotel and Conference Center. This annual event supports the invaluable education programs of our County’s arts and humanities organizations. Purchase tickets here or visit www.mocoexecball.org for more information.

Full Council Approves Minimum Wage Bill Increase to $15/hour

Today we unanimously approved Bill 28-17, Human Rights and Civil Liberties – County Minimum Wage – Amount – Annual Adjustment, that will increase the County’s minimum wage to $15 per hour on July 1, 2021 for large employers with 51 or more employees. Mid-sized employers with between 11 and 50 employees must raise wages to at least $15 per hour on July 1, 2023. Small employers with 10 or fewer employers must pay workers $15 per hour on July 1, 2024. Non-profit
organizations with 501(c)(3) designations and eligible service providers must raise wages to $15 per hour by July 1, 2023, unless they are considered a small employer. In addition, Bill 28-17 provides that the minimum wage must be adjusted annually for inflation according to the Consumer Price Index for urban wage earners and clerical workers (CPI-W), starting July 1, 2022.

What people want most is a job. I am pleased this legislation protects small businesses, especially those with less than 50 employees, while providing a transition over five to six years to implement a $15 per hour minimum wage. However, this is a regional issue and I strongly urge our State legislators to expand this Council’s efforts and enact legislation so all Marylanders can earn a fair wage. We need to make sure we have an environment that supports job growth by retaining and attracting new businesses in Montgomery County. Here's the full press release and you can watch my comments at today's Council session.

Proposal To Address Congestion, I-270 and I-495

I testified last Thursday at the state delegation's Annual Statewide Transportation Investment Tour. I encouraged the state to think big and take an aggressive, multi-modal approach in the Governor's P3 program to address traffic on I-495 and I-270. here's the full press release:

ROCKVILLE, Md., Nov 3, 2017— Councilmember Nancy Floreen, member of the Transportation, Infrastructure, Energy and Environment Committee, testified yesterday at the State Delegation’s Annual Statewide Transportation Investment Tour.

Every year, the Maryland Department of Transportation (MDOT) Office of the Secretary and representatives from MDOT’s business units visit Montgomery County to discuss transportation investments. This tour provides updates for local officials and the public on the Governor’s Administration Draft FY 2018-2023 Consolidated Transportation Program (CTP), and details of MDOT’s $14.7 billion six-year capital budget.

In her testimony, Councilmember Floreen encourages the State to “think big” and “to take an aggressive multi-modal approach in the Governor’s P3 program to address traffic on I-495 and I-270. By expanding the effort to include the Corridor Cities Transitway, a longtime County priority, in the P3 project, Maryland can be assured of assuming national leadership in multi-modal planning; linking highway improvements to transit needs; and achieving a truly comprehensive solution to our deep and abiding congestion problems.”

To read Councilmember Floreen’s entire testimony, visit https://tinyurl.com/ya67u6by .

County Maintains AAA Bond Rating

Good news: Montgomery County has maintained its Triple-A bond rating for 2017 from three Wall Street bond rating agencies. Fitch, Moody’s, and Standard & Poor’s all affirmed the “AAA” rating – the highest achievable -- for the County. They all termed the outlook for Montgomery County as “stable.” Here's the press release:

County Executive Ike Leggett today announced that Montgomery County has maintained its Triple-A bond rating for 2017 from all three Wall Street bond rating agencies.

Fitch, Moody’s, and Standard & Poor’s all affirmed the “AAA” rating – the highest achievable -- for the County. They all termed the outlook for Montgomery County as “stable.”

“The County’s budget management demonstrates a strong commitment to bolstering its reserve cushion in preparation for the next downturn,” said Fitch. “Given the County’s conservative management practices and emphasis on increasing reserves, operations are expected to remain strong.” Moody’s noted that “the county’s financial flexibility remains sound,” while S & P indicated that the County’s “financial practices are strong, well embedded, and likely sustainable.”

The Triple-A bond rating enables Montgomery County to sell long-term bonds at the most favorable rates, saving County taxpayers millions of dollars over the life of the bonds. The rating also serves as a benchmark for numerous other financial transactions, ensuring the lowest possible costs in those areas as well.

“What is remarkable about this is that Montgomery County has continued to receive a Triple-A bond rating from all three bond rating agencies even during these past few years when other jurisdictions – including the federal government – were seeing downgrades and despite federal shutdowns, budget sequestrations and the worst economic downturn since the Great Depression,” said Leggett.

“Our ability to maintain our coveted Triple-A rating affirms my approach to putting the County’s fiscal house in order and reducing unsustainable increases in County spending, while investing in making government more effective and creating opportunities for the growth of good jobs in the future.”

“The retention of the County’s AAA Bond Rating is important for saving millions of dollars over the life of our bonds,” said Council President Roger Berliner. “This has helped save our taxpayers significant money and is a result of the prudent fiscal policies developed by the Council in 2010 and 2011.”

"As chair of the Council’s Fiscal Policy committee, I am pleased to learn that Montgomery County has once again retained its AAA bond rating from all three major rating agencies,” said Councilmember Nancy Navarro. “The retention of our AAA rating is a testament to our strong commitment to responsible fiscal policy."

Legislation Introduced to Create More Affordable Homes - Bill 34-17, Housing -Moderately Priced Dwelling Units (MPDUs)

Today I introduced Bill 34-17, Housing - Moderately Priced Dwelling Units (MPDUs) - Amendments, which is the first major revision to the MPDU law in 13 years. This legislation would add flexibility to the MPDU program. Our County's future depends on a robust economy. This bill will set the stage for many new housing opportunities to support a growing workforce. Here's the full press release:

ROCKVILLE, Md., Oct. 31, 2017—Today, Councilmember Nancy Floreen, Chair of the Planning Housing and Economic Development Committee, introduced the first effort in thirteen years to update the County’s rules to increase the supply of affordable homes. Significant revisions to the Moderately Priced Dwelling Unit (MPDU) program, which Councilmember Floreen proposes in Bill 34-17, Housing – Moderately Priced Dwelling Units – Amendments, hold the promise of increasing the number of affordable homes for families who need them.  

Councilmember Floreen’s bill will add needed flexibility to this landmark program, to bring it in line with current needs. It would confirm the Council’s authority to increase the required percentage of MPDUs on a community by community basis during each master plan review. Master plans guide development and land use in the County.  The Council reviews, revises, and approves master plan recommendations made by the Planning Board.  Currently, County law requires at least 12.5% of housing developments to be MPDUs, but, in some areas, the Council has determined that 15% is a more appropriate minimum requirement.  

“Our County’s future depends on a robust economy. This bill will set the stage for many new housing opportunities to support a growing workforce,” said Councilmember Floreen.  

In a break from the past, Bill 34-17 extends the requirement to contribute to our housing needs by requiring a payment to the Housing Initiative Fund for all new housing developments including those below the current threshold of 20 units. It also broadens the authority of the Director of the Department of Housing and Community Affairs (DHCA) to accept Housing Initiative Fund payments in lieu of including MPDUs in a development. Experience has shown that the County can achieve more MPDUs in certain circumstances if affordable homes are provided in a different location. The funding can be strategically used to increase needed rental units in place of condominiums with unaffordable fees. Restrictions apply so that the off-site location remains in the general vicinity of the original development. These new sources of revenue will add badly needed support to the county’s efforts to add more affordable units for the folks who need them the most.  

Also, the bill would authorize the Director of DHCA to calculate the MPDU obligation by square feet if the result is more homes or homes better sized to meet the needs of our low and moderate-income residents.  

Councilmember Floreen’s bill contains many other provisions designed to update the MPDU program, make it more responsive to the needs of today’s residents, and, most importantly, produce more homes for families.

The Full Council Meets with Senator Ben Cardin

Today we met with Senator Ben Cardin. This informal session allows time for Senator Cardin to discuss important issues with the County Council. We covered a wide range of topics including concerns of Deferred Action for Childhood Arrivals (DACA), gun control, the proposed tax reform bill, and healthcare. We are fortunate to have Senator Cardin advocating for the residents of Montgomery County.

Apply for Merit System Protection Board - Application Deadline is Wednesday, November 1

We're accepting applications from qualified voters of the County for appointment to a three-year term on the Merit System Protection Board. Generally, the Board is expected to oversee the Merit System and to protect employee and applicant rights guaranteed under the County Merit System. Here's the full press release:

ROCKVILLE, Md., October 17, 2017 - The Montgomery County Council is accepting applications from qualified voters of the County for appointment to a three-year term on the Merit System Protection Board. The term of Charlotte Crutchfield (Democrat) will expire on Dec. 31. Ms. Crutchfield has indicated that she does not intend to apply for reappointment. Applications must be received in the Council office by 5 p.m. on Wednesday, Nov. 1.  
 
In addition to Ms. Crutchfield, current members of the board are Angela Franco (Republican) and Michael Kator (Democrat). By law, no more than two of the three members of the Merit System Protection Board may be of the same political party. The appointee for this position may be a Democrat, Republican, a voter who declines to affiliate with a party, or a voter who is a member of another party officially recognized by the Board of Elections.
 
Generally, the board is expected to oversee the Merit System and to protect employee and applicant rights guaranteed under the County Merit System. There are two methods in which the board processes appeals:
• A written decision issued after a review and discussion of a written record.
• A written decision issued after a pre-hearing conference and a formal hearing in cases involving a suspension, demotion or dismissal.  
 
The board, on a periodic basis, conducts special studies, audits or inquiries of the administration of the merit and retirement pay systems and, in this effort, may compel the attendance of witnesses. Written reports of its findings and recommendations are filed with the County Executive and the County Council. The board also provides comments on any proposed changes in Merit System law or regulations.
 
The board generally holds hearings during the day, which may take the full day, with any additional proceedings normally scheduled for subsequent days or evening(s). The board normally meets once per month during the day for approximately two hours. Additional time is also required for preparatory work.  
 
Members of the board currently receive $7,862.91 per year, which is adjusted annually to reflect 50 percent of the percentage change in the Washington Area Consumer Price Index. The chair receives $10,084.77 per year.
 
Board members are restricted in political activity while serving. Section 403 of the County Charter states, in part: “No member shall hold political office or participate in any campaign for any political or public office during the member’s term of office.”  
 
Members of County boards, committees and commissions may not serve on more than one such group at a time.
 
Letters expressing interest, including a resume listing professional and civic experience, political party affiliation, home and office telephone numbers, and an email address should be addressed to: Council President Roger Berliner, County Council Office, 100 Maryland Avenue, Rockville, Maryland 20850, or can be emailed to county.council@montgomerycountymd.gov. Applications must be received no later than 5 p.m. on Nov. 1. It is the Council’s policy not to consider applications received after the deadline. After the application closing date, Councilmembers will review the letters of application and may select applicants for interview.
 
Letters of application and resumes are made public as part of the appointment process. Any interviews held are open to the public and will be televised. A financial statement of assets, debts, income and family property interests will be required of all applicants. Only the appointed candidate will be required to make the financial statement available to the public.

County Council Proclamation Presented to For 3 Sisters for Breast Cancer Awareness Month

Earlier this week, I presented a County Council Proclamation recognizing October as Breast Cancer Awareness month to For 3 Sisters. This grassroots organization is headquartered in Olney, MD and was founded by retired Montgomery County firefighter, Marshall Moneymaker, after he lost his three older sisters to breast cancer. You can watch the Proclamation presentation here.

Council Unanimously Approves Legislation on Short-Term Rental Services

Yesterday, we voted unanimously to enact two pieces of legislation, Zoning Text Amendment 17-03, and Bill 2-16, which address the legal and regulatory status of short-term rentals in the county. Effective July 1, 2018, these two measures allow county residents to legally use short-term residential services like Airbnb and HomeAway, with some restrictions.

For example, each short-term rental must have a license, and that location must be the primary home of the person applying for the license. Furthermore, if the owner of the property, or the authorized representative of the owner, isn’t on the premises during the rental, then rentals are limited to 120 days a year. Also, online ads must include the County license number. Here’s the full press release:

ROCKVILLE, Md., October 11, 2017—The Montgomery County Council voted unanimously on Tuesday, October 10 to enact two legislative proposals that address the legal and regulatory status of short-term rentals in the County. The two measures, ZTA 17-03 and Bill 2-16, represent Council Vice President Riemer’s and the Montgomery County Planning Board’s recommendations to balance the substantial economic potential for County residents of short-term residential services like Airbnb with concerns about regulating these services. The measure was initially introduced by Council Vice President Riemer more than a year ago, and was sent to the Planning Board to gather public input and refine the approach. After a September 12 public hearing and two Planning, Housing, and Economic Development (PHED) Committee meetings to review these measures, the Council voted unanimously (9-0) to adopt both measures.  

ZTA 17-03 makes bed and breakfasts limited uses in most residential and mixed-use zones. It limits the total number of adult overnight guests in a short-term rental to six, limits the total number of adult overnight guests per bedroom to two, and requires one off-street parking space for each rental contract. These measures put in place a regulatory framework that did not exist before, addressing concerns about the potential for residential housing to be used exclusively as a short-term rental service.  

ZTA 17-03 was approved with two revisions: (1) The dwelling unit used as a short-term rental must be the property owner’s or owner-authorized resident’s primary residence, which was an amendment recommended by the PHED Committee and (2) If the property owner or owner-authorized resident is not present in the residence, the property can be used as a short-term residential rental for a maximum of 120 days in a calendar year, which was an amendment recommended by Councilmember Katz. 

The Council also enacted Bill 2-16, which requires that several conditions be met to receive short-term residential licensing. Bill 2-16 was introduced by Council Vice President Riemer and cosponsored by Councilmember Rice.  

Council Vice President Riemer spoke about the importance of these measures which ensure that residents can benefit from short-term rental services while maintaining the security and character of neighborhoods.  

“By bringing all the stakeholders together, we were able to find a balance that works for us here in Montgomery County,” said Council Vice President Riemer. “This legislation will allow residents and visitors to get the value of home-sharing services, while preventing abuse and stopping investors from creating de facto hotels in residential neighborhoods and taking valuable housing stock off the market.”  

At the September 12 public hearing, the Council heard compelling testimony from County residents who use Airbnb and similar services to rent out rooms. Marcy Wolf-Hubbard described how, after her husband retired due to health issues, “the income we make from renting our room helps with the high cost of living here in Montgomery County.”  

Another resident, Elizabeth Wallace, described how short-term rentals help her age in place, which was a common theme among those testifying. “I’ll be 65 next month. I paid off my mortgage a decade ago; I’d like to stay in my home.”

Councilmembers Ask State to Limit Toxic Coal Waste from Power Plants

The full Council sent a letter to Benjamin H. Grumbles, Secretary of the Maryland Department of the Environment, asking him to reduce toxic coal waste from the Dickerson power plant and other coal-fired plants in the State. It’s imperative the State abide by current standards adopted by the federal EPA in 2015, to protect our water from the pollutants that coal plant waste produces. Here's the press release

Council's T&E Committee Receives Purple Line Update Tomorrow, Thursday, September 28 at 10:30 a.m.

Tomorrow I join my colleagues, Council President Roger Berliner and Councilmember Tom Hucker at a Transportation, Infrastructure, Energy and Environment (T&E) Committee meeting for a Purple Line Project update from officials at the Maryland Transportation Administration (MTA), and the Purple Line Transit Partners (PLTP). Here's the press release:
ROCKVILLE, Md., September 27, 2017—The Montgomery County Council’s Transportation, Infrastructure, Energy and Environment (T&E) Committee will meet at 10:30 a.m. on Thursday, September 28 to receive an update from Purple Line Transit Partners (PLTP) and the Metro Transit Authority (MTA). PLTP and MTA will answer questions gathered by Council staff from civic groups and residents who live along the Purple Line right-of-way.
The T&E Committee, which is chaired by Council President Berliner and includes Councilmembers Floreen and Hucker, will meet in the Third Floor Council Hearing Room.
The main purpose of the meeting is to enable MTA and PLTP, the consortium responsible for designing, building, operating and maintaining the Purple Line, to respond to the many questions raised by community organizations, the Planning Board, and Council staff, as well as any brought up by Councilmembers.
Council President Berliner, who also chairs the T&E Committee, asked the MTA and PLTP to introduce the key individuals who will direct the implementation of the Purple Line and related projects including the Capital Crescent Trail, the Silver Spring Green Trail, and the Bethesda Metro Station Southern Entrance. The T&E Committee also invited individuals with whom the public can be in direct communication during the construction period.
The Purple Line is a 16-mile light rail line that will extend from Bethesda to New Carrollton. It will provide a direct connection to the Metrorail Red, Green and Orange Lines at Bethesda, Silver Spring, College Park and New Carrollton. Twenty-one Purple Line stations are planned. The Purple Line will also connect to MARC, Amtrak and local bus services.

The staff report can be viewed at:
http://montgomerycountymd.granicus.com/MetaViewer.php?view_id=169&event_id=7419&meta_id=143545

Apply For the Merit System Protection Board

Applications are due by Wednesday, November 1, 2017. Here's the full press release:

ROCKVILLE, Md., September 19, 2017 - The Montgomery County Council is accepting applications from qualified voters of the County for appointment to a three-year term on the Merit System Protection Board. The term of Charlotte Crutchfield (Democrat) will expire on Dec. 31. Ms. Crutchfield has indicated that she does not intend to apply for reappointment. Applications must be received in the Council office by 5 p.m. on Wednesday, Nov. 1.  

In addition to Ms. Crutchfield, current members of the board are Angela Franco (Republican) and Michael Kator (Democrat). By law, no more than two of the three members of the Merit System Protection Board may be of the same political party. The appointee for this position may be a Democrat, Republican, a voter who declines to affiliate with a party, or a voter who is a member of another party officially recognized by the Board of Elections.

Generally, the board is expected to oversee the Merit System and to protect employee and applicant rights guaranteed under the County Merit System. There are two methods in which the board processes appeals:
·         A written decision issued after a review and discussion of a written record.
·         A written decision issued after a pre-hearing conference and a formal hearing in cases involving a suspension, demotion or dismissal. 

The board, on a periodic basis, conducts special studies, audits or inquiries of the administration of the merit and retirement pay systems and, in this effort, may compel the attendance of witnesses. Written reports of its findings and recommendations are filed with the County Executive and the County Council. The board also provides comments on any proposed changes in Merit System law or regulations.

The board generally holds hearings during the day, which may take the full day, with any additional proceedings normally scheduled for subsequent days or evening(s). The board normally meets once per month during the day for approximately two hours. Additional time is also required for preparatory work. 

Members of the board currently receive $7,862.91 per year, which is adjusted annually to reflect 50 percent of the percentage change in the Washington Area Consumer Price Index. The chair receives $10,084.77 per year.

Board members are restricted in political activity while serving. Section 403 of the County Charter states, in part: “No member shall hold political office or participate in any campaign for any political or public office during the member’s term of office.” 

Members of County boards, committees and commissions may not serve on more than one such group at a time.

Letters expressing interest, including a resume listing professional and civic experience, political party affiliation, home and office telephone numbers, and an email address should be addressed to: Council President Roger Berliner, County Council Office, 100 Maryland Avenue, Rockville, Maryland 20850, or can be emailed to county.council@montgomerycountymd.gov. Applications must be received no later than 5 p.m. on Nov. 1. It is the Council’s policy not to consider applications received after the deadline. After the application closing date, Councilmembers will review the letters of application and may select applicants for interview.

Letters of application and resumes are made public as part of the appointment process. Any interviews held are open to the public and will be televised. A financial statement of assets, debts, income and family property interests will be required of all applicants. Only the appointed candidate will be required to make the financial statement available to the public.

Montgomery County Adopts the International Green Construction Code (IgCC)

Today we unanimously passed Executive Regulation 21-15 AMII, which adopts the International Green Construction Code (IgCC). We established green building code requirements that significantly reduce greenhouse gas emissions in Montgomery County. Here's today's press release:

Montgomery County is taking a major step forward to reduce greenhouse gas emissions and meet climate protection goals with today’s unanimous Council approval of Executive Regulation 21-15 AMII, which adopts the International Green Construction Code(IgCC) establishing green building code requirements.

“I commend the Department of Permitting Services for its persistence in pushing this code forward and I thank the County Council for its approval of the Executive Regulation,” said Montgomery County Executive Ike Leggett.

With adoption of the IgCC, Montgomery County establishes a baseline requirement that new, non-residential construction and additions of 5,000 square feet or more must be designed and constructed to reduce building energy use by at least 50% over the average commercial building energy consumption in the base year of 2000. 

In addition to reducing energy consumption by 50%, projects must mitigate heat island impacts associated with development and divert at least 50% of construction and demolition waste material from landfills.  This green building code is a critical step in meeting the County’s commitment to implementation of the County’s Climate Protection Plan. 

“This green construction code will result in reduced energy spending for building users,” said Diane Schwartz Jones, director of the Department of Permitting Services. “It is essential to reduce environmental impacts from building-related greenhouse gases and places us on a path to leave a far better legacy for future generations.”

The requirements of the IgCC will take effect on Dec. 1, 2017 in Montgomery County. 

For more information, visit the Department of Permitting Services website.

Council's Statement Regarding President Trump's Comments on Charlottesville

We released the following statement regarding the events surrounding Charlottesville:

Montgomery County Council Statement on President Trump’s Comments on

White Nationalist Rally in Charlottesville

Montgomery County has a long history of cultivating a welcoming community filled with acceptance and tolerance for all residents.  We stand together to reject bigotry, misogyny, homophobia, racism, anti-Semitism, Islamophobia, and xenophobia.  We also stand with the people of Charlottesville, Virginia who reject hate in all forms and who were sickened by the August 12 rally of white nationalists who converged on their community.  

Our residents, like others throughout the country, look to our President in these challenging times to speak to and remind all Americans of our highest ideals and our most fundamental values–not to debase them.  It was unconscionable for the President’s first words regarding Charlottesville to emphasize that “many sides” were responsible for what took place there, as though there was a moral equivalency between those there solely to advance hate and division and those there to stand on behalf of our common humanity.  When the President then subsequently doubled down on that sentiment by blaming “both sides”, the President lost all moral authority.  It is unconscionable to equate white supremacists, Ku Klux Klan (KKK) members, neo-Nazis, and other alt-Right white nationalist groups with those who participated in counter-protests.  In so doing, the President has justifiably earned condemnation from most Americans and has only won the praise of the white extremists that he emboldened.  He owes the American people an apology.

Our thoughts and prayers go out to the family and friends of Heather Heyer, those injured during the counter-protest, and Lt. H. Jay Cullen and Trooper-Pilot Berke M.M. Bates, who lost their lives serving the people of Virginia.

Montgomery County Council Appeals Circuit Court Ruling Overturning Cosmetic Pesticides Ban

I was disappointed with the recent Circuit Court decision that overruled the ban on certain pesticides in the County, but I am pleased that the Council is appealing this ruling. Having battled breast cancer myself, I am particularly sensitive to the need to limit our exposure to toxic chemicals. I am concerned with the public’s health and welfare, and that all residents, particularly our children, stand to benefit from reduced exposure to pesticides. Here is the full press release on today's action:

ROCKVILLE, Md., Aug. 16, 2017—Today the Montgomery County Council directed the Office of the County Attorney to appeal the Montgomery County Circuit Court ruling that overturned the County’s cosmetic pesticides ban.  The ruling stated, “Maryland’s comprehensive program of pesticide regulation occupies the field of pesticide use and thus impliedly preempts the ordinance.” The court also held that the County’s ban on the application of certain pesticides on private property conflicted with Maryland law.

In October 2015, the Council enacted Bill 52-14, Pesticides - Notice Requirements - Cosmetic Pesticide Use Restrictions, which would have prohibited the use of certain registered pesticides on private property starting on January 1, 2018.   The County is one of the few local jurisdictions to have such restrictions.  The Council enacted this legislation with a focus on pesticides that included chemicals linked to the risk of developing cancer.

Complete Lawn Care, Inc., et al. v. Montgomery County invalidated certain provisions of Bill 52-14 because the Circuit Court found that County regulation of the use of pesticides on private property is preempted by state law.

“Our Council’s legal team advised us that the County would have a reasonable chance of prevailing in an appeal of the Circuit Court’s decision,” said Council President Roger Berliner, who also serves as chair of the Council’s Transportation, Infrastructure, Energy & Environment Committee.  “It is important that the Council is allowed to protect our community from the threat posed by pesticides on private lawns.  Moreover, the broad scope of the court’s decision threatens our existing regulatory regime and other efforts short of a ban, even if the ban itself is ultimately deemed in direct conflict with state law.  We have also been advised that an appeal will not carry significant costs, as the work involved can be absorbed as part of the Office of the County Attorney’s normal workload.  Accordingly, my colleagues and I agree that an appeal is in the public interest.” 

The Annual County Health Rankings for Maryland has recognized Montgomery County as the “Healthiest County in Maryland” for the last four years.  The County is often at the forefront of initiatives that enhance public health like the cosmetic pesticides ban.

“I am delighted that the Council is appealing the Circuit Court ruling on the pesticides ban,” said Councilmember George Leventhal, who was the lead sponsor of Bill 52-14 and serves as chair of the Council’s Health and Human Services Committee.  “Studies have linked numerous chemicals found in lawn pesticides to cancer and other serious health conditions. The Council sits as the Board of Health, but the court has ruled that we are preempted from protecting our residents from this health threat.  This sets a worrisome precedent that should be overturned.”   

County law provides that the Council is, and may act as, the County Board of Health.  In this capacity, the Council may adopt any regulation which a local board of health is authorized to adopt. “With Trump’s EPA protecting the interests of chemical companies instead of our residents, it is more important than ever that local communities take action to ensure that our children are not exposed to hazardous chemicals,” said Council Vice President Hans Riemer.  “This decision takes that right away from us and should be overturned.”

“Too many people believe that because a pesticide is allowed for use by the federal government and by the state, then it must be safe,” said Councilmember Marc Elrich.  “Yet scientists, medical researchers and physicians advocate for great caution when using pesticides.  Pesticide use simply is not necessary on lawns - it is not good for the environment, our children or even our pets. It is important that we appeal this decision.”

“I was disappointed with the recent Circuit Court decision that overruled the ban on certain pesticides in the County, but I am pleased that the Council is appealing this ruling,” said Councilmember Nancy Floreen. “Having battled breast cancer myself, I am particularly sensitive to the need to limit our exposure to toxic chemicals. I am concerned with the public’s health and welfare, and that all residents, particularly our children, stand to benefit from reduced exposure to pesticides.”

“While I was disappointed with the Circuit Court’s ruling, I am pleased that the Council will be appealing this decision,” said Councilmember Nancy Navarro. “I have received hundreds of emails from constituents in just the last few days, and there is nearly unanimous support for an appeal. The County’s leadership with regard to local health and environmental policies has been a great source of pride for our residents. It is important that the Council be able to act in the best interest of County residents by ensuring we maintain our high standards for quality of life.”
 
Enacted Bill 52-14 can be viewed here.

Minimum Wage Impact Study

Hot off the press: here’s the Montgomery County, Maryland Minimum Wage Increase Impact Study.  The report addresses the impact on the county economy and labor market; the impact on the county government; the impact on county businesses; and the socioeconomic impacts. When the Council reconvenes in the fall we will take up Bill 28-17 that would increase the minimum wage to $15 by 2020 for many workers in Montgomery County. The current minimum wage is $11.50 per hour, and there are no requirements in law for further increases. In January the Council enacted a minimum wage bill in a vote of 5-4 that was subsequently vetoed by the County Executive. If you would like to weigh in on Bill 28-17, sign up to testify later this month at the public hearing to be held in late September; or send your written comments to county.council@montgomerycountymd.gov.

Council Urges Stronger Carbon Emissions Standards

Here's the full press release:

ROCKVILLE, Md., July 26, 2017—Today the Montgomery County Council sent a letter to Governor Larry Hogan urging him to take a stand against climate change by supporting stronger carbon emissions reduction standards in the Regional Greenhouse Gas Initiative (RGGI).  

Maryland is one of nine Northeast and Mid-Atlantic states that are part of RGGI, a regional cap-and-trade system on power plant carbon emissions established in 2009.  Last year RGGI began a review to determine whether to adopt a lower cap and stricter standards.  All nine Councilmembers signed a letter to Gov. Hogan asking the state to back increasing RGGI’s annual emissions reduction target to five percent.

“The urgency with which more aggressive emission reduction goals are needed has only increased in recent months given our federal government’s shortsighted and negligent decision to withdraw from the 2015 Paris Agreement,” wrote the Councilmembers.  “It is more important than ever that state and local governments do their part.  And it has become increasingly clear that doing so will not hurt our economy.  Power generators under existing RGGI standards have successfully adapted to current standards while continuing to provide a reliable supply of electricity.”

RGGI is expected to announce the results of its review this summer.  Maryland is represented on the Board of Directors of RGGI, Inc., by Maryland Department of the Environment Secretary Benjamin Grumbles and Maryland Public Service Commission Chairman Kevin Hughes.

“The regional cap-and-trade system established by RGGI in 2009 has proven to be a success, with 2015 power plant emissions in the participating states falling 6.3 percent below the cap and electricity prices across the region decreasing by 3.4 percent on average compared to a 7.2 percent increase in other states,” wrote the councilmembers.  “During this time, the nine RGGI states reduced carbon emissions by 16 percent more than other states while experiencing 3.6 percent more economic growth, according to a 2016 study by the Acadia Center.  Even stronger standards will bring stronger results.”

The complete letter can be viewed at:
https://tinyurl.com/yb7p79pb.