Bill No.                37-12                        

Concerning: Capital Improvements Program – Affordable Housing Assessment     

Revised:    2/5/2013          Draft No. 6  

Introduced:      November 27, 2012        

Enacted:         February 2, 2013            

Executive:       February 12, 2013          

Effective:        May 14, 2012                 

Sunset Date:  NoneNone                             

Ch.   3      , Laws of Mont. Co.    2013    


County Council

For Montgomery County, Maryland


By: Councilmembers Berliner, Riemer, Ervin, Floreen, Leventhal, Andrews, Council President Navarro and Council Vice-President Rice


AN ACT to:

(1)        require the Office of Management and Budget to submit affordable housing assessments with certain capital projects in the Capital Improvements Program;

(2)        authorize the Council to require other County departments and agencies to supplement the assessments furnished by the Office of Management and Budget; and

(3)        generally amend County law regarding the analysis of capital projects.


By amending

            Montgomery County Code

            Chapter 25B, Housing Policy

            Section 25B-7



Boldface                                             Heading or defined term.

Underlining                                          Added to existing law by original bill.

[Single boldface brackets]                  Deleted from existing law by original bill.

Double underlining                              Added by amendment.

[[Double boldface brackets]]              Deleted from existing law or the bill by amendment.

*   *   *                                                  Existing law unaffected by bill.










The County Council for Montgomery County, Maryland approves the following Act:

          Sec. 1.  Section 25B-7 is amended as follows:

25B-7.        [Reserved] Affordable housing assessment.

(a)     For each applicable capital project in the Capital Improvements Program during facility planning, the Office of Management and Budget must include in or transmit with the CIP an [[analysis]] evaluation of:

(1)     the feasibility of including a significant amount of affordable housing in the project;

(2)     the effect of the project on the supply of affordable housing in the immediate area; [[and]]

(3)     what capital or operating modifications, if any, would promote and maximize affordable housing in the project and the immediate area; and

(4)     what operating budget modifications, if any, would be needed to build and maintain affordable housing in the project.

(b)     The affordable housing [[analysis]] evaluation submitted by OMB should discuss at least the following issues related to the capital project:

(1)     compatibility of affordable housing with the underlying project;

(2)     conformity of affordable housing to applicable zoning and land use plans;

(3)     proximity to public transit, and availability of other transportation options; and

(4)     proximity to other community services.

(c)      As used in this section, applicable capital project means any proposed building project administered by the Department of General Services or the Parking Management Division of the Department of Transportation.

(d)     In performing its analysis, OMB should consult the Department of Housing and Community Affairs, the Planning Board, the Housing Opportunities Commission, and any other County department or agency with expertise in affordable housing.

[[(e)   The Council may by resolution exempt from this Section a category of capital projects which by their nature do not require an affordable housing analysis.]]

(e)      The Council may in the capital budget resolution, and the County Executive may by Method 1 regulation, exempt from this Section a category of capital projects which by their nature do not require an affordable housing analysis.