Agenda Item 8

October 23,2012

Public Hearing

MEMORANDUM

TO:

FROM:

County Council

.f(

Michael Faden, Senior Legislative Attorney

Public Hearing:

Bill 25-12, Taxation - Impact Tax - Bikesharing

SUBJECT:

Bill 25-12, Taxation - Impact Tax - Bikesharing, sponsored by Council President

Berliner and Councilmembers Ervin, Riemer, Eirich, Leventhal, Andrews and Navarro, was

introduced on September 11, 2012. A Government Operations and Fiscal Policy Committee

worksession is tentatively scheduled for November 5 at 2:00 p.m.

Bill 25-12 would allow transportation impact tax funds to be used for certain bikesharing

stations.

This packet contains:

Bill 25-12

Legislative Request Report

Fiscal Impact Statement

Circle

#

1

3

4

F:\LAWIBILLSI1225 Impact Tax - BikesharinglPublic Hearing Memo.Doc



Bill No.

25-12

Concerning: Taxation - Impact Tax -

Bikesharing

Revised: 7-19-12

Draft No. 1

Introduced:

September 11. 2012

Expires:

March 11, 2014

Enacted: _ _ _ _ _ _ _ _ __

Executive: _ _ _ _ _ _ _ __

Effective: _ _-:--_ _ _ _ _ __

Sunset Date: ----'--"N=on,.!.;:e=--_ _ _ _ __

Ch. _ _• Laws of Mont. Co. _ __

COUNTY COUNCIL

FOR MONTGOMERY COUNTY, MARYLAND

By: Council President Berliner and Council members Ervin, Riemer, EIrich, Leventhal, Andrews

and Navarro

AN

ACT to:

(1)

(2)

allow transportation impact tax funds to be used for certain bike sharing stations; and

generally amend the law governing the transportation impact tax.

By amending

Montgomery County Code

Chapter 52, Taxation

Section 52-58

Boldface

Underlining

[Single boldface brackets]

Double underlining

[[Double boldface brackets]]

* *

'*

Heading or defined term.

Added to existing law by original bill.

Deleted from existing law by original bill.

Added by amendment.

Deletedfrom existing law or the bill by amendment.

Existing law unafftcted by bill.

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



BILL

No. 25 -12

1

2

3

Sec.

1.

Section 52-58 is amended as follows:

52-58.

Use of impact tax funds.

Impact tax funds may be used for any;

(a)

new road or widening of an existing road that adds highway or

intersection capacity or improves transit service or bicycle commuting,

such as bus lanes or bike lanes;

(b)

(c)

(d)

(e)

4

5

6

7

8

new or expanded transit center or park-and-ride lot,

bus added to the Ride-On bus fleet, but not a replacement bus;

new bus shelter, but not a replacement bus shelter;

hiker-biker trail used primarily for transportation;

bicycle locker that holds at least 8 bicycles;

bikesharing station (including bicycles) approved!2y the Department of

Transportation;

9

10

11

12

13

(t)

(g)

14

15

[(g)]

(h2

sidewalk connector to a major activity center or along an arterial or

major highway; or

[(h)]

ill

the operating expenses of any transit or trip reduction program.

Approved:

16

17

18

Roger Berliner, President, County Council

Date

19

Approved:

20

Isiah Leggett, County Executive

Date

21

This is a correct copy ofCouncil action.

22

Linda M. Lauer, Clerk ofthe Council

Date

f:\law\bills\1225 impact tax· bikesharing\bill.dot



LEGISLAriVE REQUEST REPORT

Bill 25-12

Taxation

-

Impact Tax

-

Bikesharing

DESCRIPTION:

PROBLEM:

GOALS AND

OBJECTIVES:

COORDINATION:

FISCAL IMPACT:

ECONOMIC

IMPACT:

EVALUATION:

EXPERIEN CE

ELSEWHERE:

SOURCE OF

INFORMATION:

APPLICATION

WITHIN

MUNICIPALITIES:

PENAL TIES:

Allows transportation impact tax funds to be used for bikesharing

stations approved by the Department of Transportation.

Need to encourage expansion of bikesharing.

To allow transportation impact tax funds to be used for bikesharing.

Department of Transportation, Planning Board

To be requested.

To be requested.

To be requested.

To be researched.

Michael Faden, Senior Legislative Attorney, 240-777-7905; Glenn

Orlin, Deputy Council Staff Director, 240-777-7936.

Transportation impact tax applies County-wide.

Not applicable.

f:\law\bills\1225 impact tax - bikesharing\legislative request report.do

W



ROCKVII.LE, MARYLAND

MEMORANDUM

October 5, 2012

TO:

Roger

Berliner,

President, County Council

Jennifer

A.

Hughes,

Office

of

Management and Budget

Joseph F. Beach,

D~;'Department

of

Finance

Council Bill 25-12- Taxation - Impact Tax - Bikesharing

Attached please

find the fiscal

and

economic impact

statements

for

the

above-referenced

FROM:

SUBJECT:

~r,

legislation.

JAH:bg

c:

Kathleen Boucher,

Assistant

Chief

Administrative

Officer

Lisa

Austin,

Offices

of

the

County Executive

Joy

Nurmi,

Special Assistant to

the County

Executive

Patrick

Lacefield, Director,

Public

hIformation Office

Alex

Espinosa,

Office

of

Management and

Budget

William

Selby,

Department of Transportation

Bmdy Goldsmith, Office

ofManagement

and Budget

Naeem Mia, Office of Management and Budget

David

Platt,

Department of

Finance

Miohael Coveyou,

Department ofFinance



Fiscal Impact Statement

Council

Bi1l2S-12 - Taxation - Impact Tax - Bikesharing

1. Legislative Summary

The proposed

bill

allows transportation impact tax

funds

to

be used

for

bikesharing

stations

approved

by

the Department

ofTransportation.

2.

An estimate of changes in County revenues and expenditures regardless of whether

the revenues or expenditures are assumed in the recommended or approved budget.

Includes source of information, assumptions, and methodologies used.

The proposed bill allows for

impact taxes

to be used towards bikesharing stations. It does

not impact

County

revenues

or

expenditures.

3.

Revenue and expenditure estimates covering at least the next

6

fiscal years.

See item #2

above.

4.

An actuarial analysis through the entire amortization period for each

bill

that would

affed retiree pension or group insurance costs.

Not applicable.

5.

Later actions that may affect future revenue and expenditures if the bill authorizes

future spending.

The bill does not authorize future spending.

6.

An estimate of the staff time needed to implement the

bill.

No

staff

time is needed to implement this bill.

7. An explanation of how the addition of new staff responsibilities would affect other

duties.

Not applicable.

8. An estimate of costs when an additional appropriation

is

needed.

Not applicable.

9. A deseripiion of any variable that could affect revenue and eost estimates.

Not

applicable.



10. Ranges

of revenue or

expenditures that are uncertain

or difficult

to project.

Not applicable.

11.

If

a bill is likely to have no fiscal impact, why that is the case.

The proposed bill allows impact taxes to be used as a funding source of bikesharing

station projects. There

is

no impact on departmental administration or programming.

12. Other

fiscal

impacts or comments.

Not applicable.

13. The following contributed to and concurred

with this analysis:

William

Selby~

Department of Transportation

Brady Goldsmith, Office of Management and Budget

Naeem

Mia,

Office of Management and Budget

Date



Economic Impact Statement

Conncil Bi112S-12, Taxation .. Impact Tax - Bikesharing

.

Background:

Bill 25-12 allows Transportation Impact Taxes to

be

used to fund bikesharing stations,

including bicycles, that are approved by the Department of Transportation.

1.

The sources of infonnation, assumptions, and methodologies used.

Since

Bi1l25~

12 only affects how Transportation Impact Tax funds

may

be used, but

does not affect the rate or how

the

taxes are assessed

it

has no economic impact.

2. A

description of any variable that could affect economic

impact

statements.

See

#

1

above.

3.

The bill's positive or negative effect,

if

any on employment, spending, saving,

investment, incomes) and property value in the County.

See

#1

above.

4.

If

a bill is likely to have no economic impact, why is that the case'?

Bill

25-12 allows a specific. existing, revenue to be used for a new type

of

expenditure.

but does not increase, decrease, or change the revenue, underlying rates, or who

is

responsible for paying the tax.

5.

The following contributed to and concurred with this analysis: David

Platt

and Mike

Coveyou. Finance.

~1o~

ose:F:d3eaCh,

Director

Department of Finance

~-2-tj-/2-

Date