AGENDA ITEM #8F
March 3,2015
Action
MEMORANDUM
February 27, 2015
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative Attorney
~tiu
Action:
Bill 1-15, Streets and Roads - Permit Exemption - Purple Line
Transportation, Infrastructure, Energy and Environment Committee recommendation
(3-0):
enact Bill 1-15 as introduced.
Bill 1-15, Streets and Roads Permit Exemption Purple Line, sponsored by the Council President
at the request of the County Executive, was introduced on January 20. A public hearing was held
on February
10
and a Transportation, Infrastructure, Energy and Environment Committee
worksession was held on February 23.
Bill 1-15 would exempt the state from the permitting requirements in Chapters 8 (Buildings), 17
(Electricity), 22 (Fire Safety Code), and
49
(Streets and Roads) for the construction of the Purple
Line, any related structure owned by the State, and any hikerlbiker trail owned or maintained by
the County. Bill 1-15 would not exempt the State from the permitting requirements for County­
owned structures.
Committee recommendation (3-0):
enact Bill 1-15 as introduced.
This packet contains:
Bill 1-15
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact Statements
Circle
#
1
3
4
5
F:\LAW\BILLS\l50 1 Pennit Exemption-Purple Line\Action Memo.Docx
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Bill No.
1-15
Concerning: Streets and Roads - Permit
Exemption - Purple Line
1/15/2015
Draft No._1-'---_
Revised:
Introduced:
January 20, 2015
Expires:
July 20, 2016
Enacted: ________________
Executive: ________________
Effective: _ _ _ _ _ _ _ _ __
N
Sunset Date: .... =o=n.=..e_ _ _ _ _ __
Ch. _ _ Laws of Mont. Co. _ _ __
I
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council President at the request of the County Executive
AN
ACT to:
(1)
exempt a certain State transportation project from certain County pennitting
requirements; and
(2) general amend County law on streets and roads
By adding
Montgomery County Code
Chapter 49, Streets and Roads
Section 49-19B
Boldface
Underlinina
[Single boldface brackets]
IDouble underlinina
[[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
fol~owing
Act:
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1
Sec. 1. Section 49-19B is added as follows:
49-19B. Permit exemption for the Purple Line.
2
3
4
!ill
The State of Maryland, including its agencies and divisions, is exempt
from any permitting requirement in Chapters
~
("Buildings"), 17
5
6
("Electricity"), 22 ("Fire Safety Code"), and 49 ("Streets and Roads")
for the construction of:
7
8
ill
any portion of the Purple Line that is located within the public
right-of-way under g valid franchise agreement approved
Qy
the
County Council under Section 49-21; and
9
10
11
ill
any structure related to the Purple Line owned
Qy
the State of
MIDland or its agencies or divisions, including any hikerlbiker
trail that will be owned or maintained
Qy
the County.
12
13
(Q)
However, the State of MIDland, and its· agencies, divisions, and
contractors, must obtain any permit required under Chapter
~
17, 22,
and 49 for the construction or alteration of any structure owned
Qy
the
County, except the hikerlbiker trail, or
Qy
g private person or entity.
14
15
16
17
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LEGISLATIVE REQUEST REPORT
BmI-I5
Streets and Roads
­
Permit Exemption
­
Purple Line
DESCRIPTION:
This bill proposes an uncodified amendment to the Montgomery County
Code that, if enacted, will exempt Purple Line structures from Chapters 8,
17,22,
and
49
of the County code.
There is a dispute between the County and the State of Maryland's
Maryland Transit Administration ("MTA") regarding the applicability of
the County code
to
the construction of the Purple Line. The bill clarifies
what provision ofthe County code will apply to structures that MTA
constructs.
PROBLEM:
GOALS AND
OBJECTIVES:
To facilitate the construction of the Purple Line.
COORDINATION:
Department of Transportation
FISCAL IMPACT:
Attached.
ECONOMIC
IMPACT:
SOURCE OF
INFORMATION:
Attached.
Diane Jones, Department of Permitting Services,
(240) 777-6363
Thomas Street, Assistant Chief Administrative Officer,
(240) 777-2559
APPLICATION
WITIDN
MUNICIPALITIES:
Yes.
PENALTIES:
None.
F:\LAW\BILLS\150 I Permit Exemption-Purple Line\PurpJe Line LRR.Ooc
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.. . .!
OFFICE OF TIIE COUNTY EXECUTIVE
ROCKVILLE. MARYLAND 208S0
Isiah Leggett
County Executive
MEMORANDUM
November 10,2014
TO:
FROM:
SUBJECT:
Craig Rice, Council President
Isiah Leggett, County Executive
Exemption of State Transportation
/J~
proj~1s fo~P~itting
~----­
I am writing to request introduction of the attached legislation. The Purple Line is
a critically important mass transit facUity that will be built by the State of Maryland. The
preferred alignment will require work within County rights-of-way pursuant to one or more
franchise agreements that will be approved by the County CounciL This bill clarifies that the
State of Maryland is exempt from permitting requirements under Montgomery County Code
Chapters 8 and 49 in connection with work performed to construct the Purple Line within
County rights-of-way. This is consistent with other state transportation improvements that are
constructed in the County.
Executive staff is available to assist the Council as it considers this bill. Your
assistance is appreciated.
IUdj
_ _ _'.goy/311. .240·773·. . . . TTY
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Fiscal Impact Statement
County Executive Bill x:s:-14, Permitting - State Projects - Purple Line
1. Legislative Summary:
This Bill exempts the State ofMaryland from the permitting requirements of
Montgomery County
Code
Chapters 8,
17,
22 and 49 for facilities it will construct in
connection with the Pmple Line..
2.
An
estimate of changes in County revenues and expenditures regardless ofwhether
the revenues or expenditures are assumed in the recommended or approved budget.
~ncludes
source of information, assumptions, and methodologies used.
The proposed Bill does not have a
fiscal
impact because the State would be exempt from
the County pennitting requirements for the Purple Line.
. 3. . Revenue and· expenditure estimates covering at least the next 6 fiscal years.
See #2 above.
4. An actuarial analysis through the entire amortization period for each biD that would
affect 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 legislation does not authorize future spending.
6. An estimate of the staff time needed to implement the bilL
There will
be
no additional
staff
time needed to implement the proposed bilI.
7.
An
explanation of how the addition of new staff responsibilities would affed other
duties.
Not applicable.
8.
An
estimate of costs when an additional appropriation isoeOOed.
No additional appropriation will be needed.
9. A description of any variable that could affect revenue and cost estimates.
Not applicab1e.
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10. Ranges of revenue or<expendito.res that are
uncertain
or difficult
to
project.
Not
applicable.
11. If
a
bill
is
likely to have no fiscal impact, why
t)la~
is the case.
The proposed Bill does not have a
:fiscal
impact
because
the
State would be exempt from
the County permitting requirements for the Purple Line.
12. Other fiscal impacts or comments.
None.
13. The following c;ontributed
to
and concurred with this analysis:
Richard Brush, Department of Permitting Services
Diane
Schwartz
Jones, Department ofPennitting Services
Gary
Erenrich; Department of Transportation
Dennis Hetman, Office of Management & Budget
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I
I
I."
Economic Impact Statement
Bill
U,
Concerning State
Projects - Purple Line
Background:
This
legislation
would
exempt
the
State ofMaryIand including its agencies
and
divisions
from
the
permitting
requirements
of
Chapters
8, 17,
22,
and
49
of
the
Montgomery
County
Code for
the construction of
that
portion ofthe Purple Line located
within
the
public
right--of~way
under
a
valid
franchise agreement
approved
by
the
County
Council
The
purpose ofthe
proposed
legi.slation
is
to
provide
clarification
regarding
the State's
oversight ofproperties
and
activities covered under Chapters
8, 17, 22, and 49
of
the
Code.
Because
the proposed legislation provides clarification, it
will
have
no
economic
impact
on employment,
spending,
saving. investment, incomes,
and
property value
in
the
County.
1.
The sources of information, assumptions,
and
methodologies
Qed.
Sources ofinformation
include
the
Department of Permitting Services
and
the
Office
ofManagement and Budget.
2. A
description of
any
variable that eould affed the economic impaet estimates.
None
3. The
Bill's positive
or
negative
effeet,
if
any onemployment,
spending, saving,
investment, incomes, and propertY values in the County.
Because
the
proposed legislation clarlfitis the oversight
of
the construction activities
related
to the Purple Line
thereby
exempting
the
State of
Maryland from
the
pennitting
requirements.
it will have no economic
impact
on employment, spending,
saving.
investment, incomes,
and
property,values
in
the
Couilly.
4.
If
a
Bill is
likely
to
Ilave no economic impaet,
why
is
that the case?
See paragraph #3.
5. The following
contributed
to or
cODcurred
with
this analysis:
David
Platt
and
Rob
Hagedoom,
Finance; Diane Jones
and
Hadi
Mansour, Pennittirig Services.
Department
ofFinan~
J~~
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