Agenda Item 9

January 15,2013

Public Hearing

MEMORANDUM

TO:

FROM:

SUBJECT:

County Council

~MiChael

Faden, Senior Legislative Attorney

Public Hearing:

Bill 37-12, Housing - Capital Improvements Program­

Affordable Housing Assessment

Bill 37-12, Housing Capital Improvements Program - Affordable Housing Assessment,

sponsored by then Council President Berliner and Councilmembers Riemer, Ervin, Floreen,

Leventhal, and Andrews, Council President Navarro and Council Vice-President Rice, was

introduced on November 27, 2012. A Planning, Housing and Economic Development

Committee worksession is tentatively scheduled for January 17,2013 at 2 p.m.

Bill 37-12 would require the Office of Management and Budget to submit an affordable

housing assessment with certain capital projects proposed in the County Capital Improvements

Program. The purpose of the assessment is to advise the Council whether each proposed project

should include an affordable housing element.

This packet contains:

Bill 37-12

Legislative Request Report

F:\LA W\BILLS\ 1237 Housing-CIP-Affordable Housing\Public Hearing Memo,Doc

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Bill No.

37-12

Concerning: Capital

Improvements

Program -

Affordable Housing

Assessment

Revised: 11-15-12

Draft No. 4

Introduced:

November 27,2012

Expires:

May 27,2014

Enacted: _ _ _ _ _ _ _ _ __

Executive: _ _ _ _ _ _ _ __

Effective: _ _ _ _ _ _ _ _ __

Sunset Date: _ _ _ _ _ _ _ __

ChI _ _, Laws of Mont. Co. _ __

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)

(2)

(3)

require the Office of Management and Budget to submit affordable housing

assessments with certain capital projects in the Capital Improvements Program;

authorize the Council to require other County departments and agencies to

supplement the assessments furnished by the Office of Management and Budget;

and

generally amend County law regarding the analysis of capital projects.

By amending

Montgomery County Code

Chapter 25B, Housing Policy

Section 25B-7

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:



BILL

NO.37 -12

1

Sec.

1.

Section 25B-7 is amended as follows:

25B-7.

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[Reserved] Affordable housing assessment.

For each applicable capital project in the Capital Improvements

Program, the Office of Management and Budget must include in or

transmit with the CIP an analysis of:

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the feasibility of including

housing in the project;

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significant amount of affordable

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the effect of the project on the supply of affordable housing in the

immediate area; and

what capital or operating modifications, if any, would promote

and maximize affordable housing in the project and the

immediate area.

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The affordable housing analysis submitted

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OMB should discuss at

least the following issues related to the capital project:

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compatibility of affordable housing with the underlying project;

conformity of affordable housing to applicable zoning and land

use plans;

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proximity to public transit, and availability of other transportation

options; and

proximity to other community services.

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As used in this section, applicable capital project means any building

project administered

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the Department of General Services or the

Parking Management Division of the Department of Transportation.

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In performing its analysis, OMB should consult the Department of

Housing and Community Affairs, the Planning Board, and any other

County department or agency with expertise in affordable housing.

-0-

F:\LAW\BILLS\1237 Housing-CIP-Affordable Housing\Bi" 4.Doc



BILL

NO.3? -12

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The Council may by resolution exempt from this Section

!!

category of

capital projects which by their nature do not reqUIre an affordable

housing analysis.

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Approved:

Nancy Navarro, President, County Council

Date

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Approved:

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Isiah Leggett, County Executive

Date

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This is a correct copy ofCouncil action.

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Linda M. Lauer, Clerk ofthe Council

Date

( } ) F:\LAW\BILLSI1237 Housing-CIP-Affordable Housing\Bili 4.Doc



LEGISLATIVE REQUEST REPORT

Bill 37-12

Housing

-

Capital Improvements Program

DESCRIPTION:

Affordable Housing

Requires the Office of Management and Budget to submit an

affordable housing assessment with certain capital projects proposed

in the County Capital Improvements Program. The purpose of the

assessment is to advise the Council whether each proposed project

should include an affordable housing element

The potential for including an affordable housing element in each

County Capital Improvements Program projects is not routinely

assessed.

To find more County projects that could feasibly include an

affordable housing element.

Office of Management and Budget, Department of Housing and

Community Affairs, Planning Board

To be requested.

To be requested.

To be requested.

To be researched.

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

Applies only to County Capital Improvements Program.

PROBLEM:

GOALS AND

OBJECTIVES:

COORDINATION:

FISCAL IMPACT:

ECONOMIC

IMPACT:

EVALUATION:

EXPERIENCE

ELSEWHERE:

SOURCE OF

INFORMATION:

APPLICATION

WITHIN

MUNICIPALITIES:

PENALTIES:

Not applicable

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