AGENDA ITEM #13
April 6, 2010
Public
Hearing
MEMORANDUM
April 2, 2010
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
AnalYs~
Public
Hearing:
Expedited Bill 8-10, Finance - Public Facilities - Agricultural
Easements
Expedited Bill 8-10, Finance Public Facilities Agricultural Easements, sponsored by the
Planning, Housing, and Economic Development Committee and Councilmember Leventhal, was
introduced on March 16, 2010. A Planning, Housing, and Economic Development Committee
worksession is tentatively scheduled for April 21.
Bill 8-10 would amend the definition of public facility to explicitly include the purchase of
agricultural easements as defined in Article 3 of Chapter 2B (the County Agricultural Easement
Program (AEP». Under current practice, the AEP is funded by Agricultural Transfer Taxes. At
its March 4 worksession on the Agricultural Land Preservation Easements project in the ClP, the
PHED Committee expressed an interest in allowing general obligation bonds to be used to
purchase agricultural easements. However, the Committee was advised by the Department of
Finance that G.O. bonds could not be used to purchase easements because in the Department's
view, easements were not included in the definition of "public facilities" in Chapter 20. Bill
8-10 would not create a new easement program, but enable the use of a different type of funding
in addition to the Agricultural Transfer Taxes for an easement program that is already in
operation.
This packet contains:
Expedited Bill 8-10
Legislative Request Report
Circle
1
3
F:\LAW\BILLS\l008 Finance - Public Facilities - Ag Easements\PH Memo.Doc
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Expedited Bill No.
8-10
Concerning: Finance - Public Facilities­
Agricultural Easements
Revised:
3/16/2010
Draft No.
_2_
Introduced:
March 16,2010
Expires:
September 16, 2011
Enacted: _ _ _ _ _ _ _- - _
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
--,-,-No:.:n..:.::e~_~
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Planning, Housing, and Economic Development Committee and Councilmember Leventhal
AN EXPEDITED ACT
to:
(1)
amend the definition of public [[facility]] facilities to include the purchase of certain
agricultural easements; and
(2)
generally amend the county finance law.
By amending
Montgomery County Code
Chapter 20, Finance
Section 20-14
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law
by
original
bill.
Deletedfrom existing law
by
original
bill.
Added
by
amendment.
Deletedfrom existing law or the
bill by
amendment.
Existing law unaffected
by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL No.
8-10
1
Sec. 1.
Section 20-14 is amended as follows:
2
3
20-14. Definition of "public facilities."
As used [herein, the tenn "public facilities" shall mean the following] in this
Chapter,
publicfaGilities
means:
4
5
*
(g)
*
*
6
7
The planning, acquisition, construction, improvement, repaIr.,. and
extension of water systems and facilities and sewerage systems and
facilities[.]~
8
9
10
and
III
The purchase of agricultural easements as defined
Chapter 2B.
Sec. 2.
Article 3 of
11
Expedited Effective Date.
12
13
14
The Council declares that this legislation is necessary for the immediate
protection of the public interest. Section 20-14(h), as amended by Section 1 of this
Act, takes effect on the date on which it becomes law.
Approved:
Nancy Floreen, President, County Council
Date
Approved:
Isiah Leggett, County Executive
Date
This is a correct copy o/Council action.
Linda M. Lauer, Clerk of the Council
Date
-0
f:\law\bills\1008 finance - public facilities - ag easements\bill2.doc
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LEGISLATIVE REQUEST REPORT
Expedited Bill 8-10,
Finance
DESCRIPTION:
Public Facilities Agricultural Easements
Expedited Bill 8-10 amends the definition of public facilities in Chapter
20 to include the purchase of agricultural easements as defined in Article 2
of Chapter 2B.
Under the current interpretation of County law, the definition of public
facilities in Section 20-14 precludes the County from issuing general
obligation bonds to purchase agricultural easements.
PROBLEM:
GOALS AND
OBJECTIVES:
To clarify County law such that the use of general obligations bonds can
be used to purchase agricultural easements.
COORDINATION:
Departments of Finance and Economic Development
FISCAL IMPACT:
To be requested.
ECONOMIC
IlVIPACT:
To be requested
SOURCE OF
INFORMATION:
Amanda Mihill, Legislative Analyst, 240-777-7815
APPLICATION
WITHIN
MUNICIPALITIES:
To be researched.
PENALTIES:
None.
F;\LAW\BILLS\l008 Finance - Public Facilities - Ag Easements\LRR.DOC