T&EITEM#3
February 23, 2015
Worksession
MEMORANDUM
February 19,2015
TO:
FROM:
SUBJECT:
Transportation, Infrastructure, Energy and Environment Committee
Amanda
Mihill, Legislative
Attomey~'
Worksession:
Bill 1-15, Streets and Roads - Permit Exemption - Purple Line
Bil11-15, 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. There were two people testifying at the hearing, Tom Street on behalf of the
County Executive (see ©8) and Jamie Kendrick of the MTA Office of Transit Development and
Delivery. Both speakers were in support of the Bill.
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.
. This packet contains:
Bill 1-15
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact Statements
County Executive testimony
Circ1e#
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3
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F:\LAW\BILLS\1501 Pennit Exemption-Purple Line\T&E Memo.Docx
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Bill No.
1-15
Concerning: Streets and Roads - Permit
Exemption - Purple Line
Revised:
1/15/2015
Draft No._..!...1_
Introduced:
January 20,2015
Expires:
July 20,2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: . . .:N.:.:o:<.!. n:.: :e_ _ _
~
_ __
Ch. _ _, Laws of Mont. Co. _ _ __
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 permitting
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]
!Double underlinina
[[Double boldface brackets]]
1*
* *
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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1
2
3
Sec. 1. Section 49-19B is added as follows:
49-19B. Permit exemption for the Purple Line.
W
The State of Maryland, including its agencies and divisions, is exempt
from any permitting requirement in Chapters
~
4
5
6
7
("Buildings"}, 17
("Electricity"}, 22 ("Fire Safety Code"), and 49 ("Streets and Roads"}
for the construction of:
ill
any portion of the Purple Line that is located within the public
right-of-way under
~
valid franchise agreement approved
Qy
the
County Council under Section 49-21; and
8
9
10
ill
any structure related to the Purple Line owned
Qy
the State of
Maryland or its agencies or divisions, including any hikerlbiker
trail that will be owned or maintained
Qy
the County.
11
12
13
(Q)
However, the State of Maryland, 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
~
private person or entity.
14
15
16
17
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LEGISLATIVE REQUEST REPORT
Bi1l1-15
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 ofthe County code.
There is a dispute between the County and the State ofMaryland's
Maryland Transit Administration
("MT
A") regarding the applicability of
the County code to the construction of the Purple Line. The bill clarifies
what provision of the 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:
Attached.
SOURCE OF
INFORMATION:
Diane Jones, Department of Permitting Services, (240) 777-6363
Thomas Street, Assistant Chief Administrative Officer, (240) 777-2559
APPLICATION
WITHIN
MUNICIPALITIES:
Yes.
PENALTIES:
None.
F:\LAW\BILLS\150 1 Permit Exemption-Purple Line\Purple 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
/J~
~-----­
Exemption of State Transportation Proj;/s
fo~
p:mitting
I
am writing to request introduction of the attached legislation. The Purple Line is
a critically important mass transit facility 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
montgomerycountymd.gov/311,.,
"
.
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3
®
240-773-3551 TTY
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Fiscal Impact Statement
County Executive Bill xx-14, Permitting - State Projects - Purple Line
1. Legislative Summary:
This Bill exempts the State ofMaryJand from the permitting requirements of
Montgomery
County
Code Chapters 8, 17. 22 and 49 for facilities it will construct in
connection with the Purple
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
permitting
requirements for the Purple Line.
3. Revenue and expenditure estimates covering at least the next
(j
fiscal years.
See #2 above.
4.
An
actuarial analysis through the entire amortization period for each bill that would
affect retiree pension or group insurance costs.
Not applicable.
S.. Later actions that may affect future revenue and expenditures
if
the bill authorizes
future spending.
The legislation does not authorize future spending.
(j.
An
esfimate of the staff time needed
to
implement the bilL
There will
be
no additional slafftime needed to implement the proposed bill.
7. An explanation of how the addition of new staff responsibilities would affect other
duties.
Not applicable.
8.
An
estimate or costs when an additional appropriation
is
'needed.
No additional appropriation will
be
needed.
9. A description of any variable that could affect revenue and cost estimates.
Not applicable.
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· !
10. Ranges of revenue or "expenditures tbat are uncertain or difficult
to
project.
Not applicable.
11.
If
a bill
is
likely to wive no fiscal impact, wby tliat 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.
l3.
The following r;ontribnted to and concurred with this analysis:
Richard Brush, Department ofPennitting Services
Diane Schwartz
Jones,
Department ofPer.mitting Services
Gary
Erenrich, Department of
Transportation
Delmis Hetman, Office of Management
&
Budget
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Eeonomie
Impact
Statement
Bill ##-#, Coneeming State
Projects -
Purple Line
Baekground:
This legislation would exempt the State ofMaryIand including
its
agencies and divisions
from the
permitting
requirements
ofChapters 8, 17,
22, and
49 ofthe Montgomery
County Code for
the
construction of
that
portion of
the
Purple
Line
located within
the
public right-of-way
under
a valid franchise
agreement
approved by
the
County CounciL
The purpose ofthe proposed legislation
is
to
provide clarlDcation regarding the State's
oversight ofproperties
and
activities covered under Chapters 8, 17, 22, and 49
oftbe
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
soureea of information, assumptions, and methodologies
used.
Sources of information incJude the Department of Permitting Services
and
the Office
of Management and Budget.
2. A
desmptioD
of any variable that
could
affect the economic impact estimates.
None
3.
The BUl's positive or negative effect,
if
any on employment, spending,
saving,
investment,
ineomes, and propertY
values
in
the County.
Because the proposed legislation clarifies the oversight of
the
construction activities
related
to
the Purple
Line
thereby exempting the State ofMaryland from the
permitting
requirements,
it will have no economic impact on employment, spending,
saving, investment, incomes,
and
property values in the CoUilty.
4. If a Bill is likely to have no economic impact,
why
is that the ease?
See paragraph #3.
S.
The
fonowing Contributed to or
concurred with
this analysis: David Platt and Rob
Hagedoo~
Finance; Diane
Jones
and
Hadi
MansolD',
Pennittirig
Services.
J
F. B
ell,
DIrector
Department
ofFinan~
.
Date
Page I ofl
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TESTIMONY ON BEHALF OF COUNTY EXECUTIVE ISIAH LEGGETT
BILL 1-15; Street and Roads - Permit Exemption- Purple Line
February 10,2015
Good afternoon Council President Leventhal and members ofthe County Council. My name is Tom
Street and I am pleased to present testimony on behalf of County Executive Isiah Leggett in support of
Bill 1-15 which would clarify and streamline the regulatory process for the Purple Line -- a mass
transit project that is critically important for the future transportation needs of Montgomery County
residents and businesses, as well as the economic development and environmental well-being of the
County.
The County Executive expresses his deep appreciation to Council President Leventhal for introducing
Bill 1-15. This bill is requested to facilitate implementation of the Purple Line project and to ensure
that regulatory processes are not duplicated which would unnecessarily drive up project costs.
The Purple Line is a project of the Maryland Transit Administration - or MTA.
It
will be designed,
constructed, operated, and maintained by MTA's Concessionaire under a Public Private Partnership
(P3). The project will
be
reviewed and approved by the Maryland Department of the Environment for
adherence to stormwater and sediment control requirements. MTA will issue permits for construction
ofthe project and will retain expert engineers and plans reviewers
to
review and certify the plans for
the project on its own behalf and on behalf ofthe County. The State will have responsibility for
issuance of permits necessary for the project and inspections to ensure adherence to approved plans,
construction codes and community impact plans.
Bill 1-15 is intended to defer to State reviews on the State project, eliminate duplication of reviews and
permit requirements, avoid conflicting comments from multiple reviewing authorities, avoid additional
permitting costs, and eliminate the additional time required to obtain approvals from duplicate
approving authorities.
County agencies will be involved with reviewing and commenting on plans throughout design and
project approval and will coordinate plans involving County rights-of-way with activities within the
rights-of-way in accordance with a protocol that will be developed by the County and MTA. MTA
will make use of County rights-of-way pursuant to a franchise agreement that will set out the terms of
use and be approved by the County Council.
During construction, MTA will maintain responsibility for communication and coordination with
property owners, residents, business owners/operators, and other stakeholders. MTA community
liaisons will be located in project offices along the corridor, and will serve as direct points of contact to
the community. MTA is also forming Community Advisory Teams, which will be composed of
representatives of the community/civic associations, businesses, and other stakeholder groups. These
groups will offer a forum for stakeholders to engage in open dialogue with decision-makers from MTA
and the Concessionaire on community impacts including matters such as temporary closures of right­
of-way due to construction, temporary detours for pedestrians, bicycles and vehicles, business
accessibility, alternative parking, community communications and notices.
The County Executive urges the Council to adopt Bill 1-15
to
minimize
duplication, expense and time
and streamline the regulatory process for the Purple Line.