Expedited Bill No.
45-15
Concerning: Stormwater Management -
Water Quality Protection Charge --
Curative Legislation
Revised: 10/22/15
Draft No. 2
Introduced:
October 27. 2015
Enacted:
November 17. 2015
Executive: - - - - - - - - -
Effective: - - - - - - - - - -
Sunset Date: --'N'-"o=n=e_ _ _ _ __
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the request of the County Executive
AN EXPEDITED ACT
to:
(1)
(2)
(3)
designate the Water Quality Protection Charge as an excise tax imposed under the
County's general taxing authority;
ratify the collection of stormwater management charges levied under Section 19-35
since July 1, 2013; and
continue the levy and collection of the Water Quality Protection Charge from
property owners under the same terms and conditions as set out in Section 19-3 5.
By amending
Montgomery County Code
Chapter 19, Sediment Control and Storm Water Management
Sections 19-21and19-35
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Heading or defined term.
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Added by amendment.
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Existing law unaffected by bill.
The County Council for Montgomery County, Ma.ryland app':oves the following Act:
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ExPEDITED BILL
No. 45-15
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Sec. 1. Sections 19-21 and 19-35 are amended as follows:
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ARTICLE II. STORMWATER MANAGEMENT.
19-21. Definitions.
In
this Article, the following words and phrases have the following meanings
unless the context indicates otherwise:
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Water Quality Protection Charge:
An
excise
tax
charged to
property owner
for the privilege of maintaining impervious surfaces on the owner's property.
19-35. Water Quality Protection Charge.
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(a)
As authorized by [State law] Section 52-17
(fil
or Maryland Code,
Environment
Art.,
§
4-204, or both, the Director of Finance must
annually impose and collect a Water Quality Protection Charge, as
provided in this Section. The Director must collect the Charge in the
same manner as County real property taxes, apply the same interest,
penalties, and other remedies (including
tax
sale) if the Charge is not
paid, and generally treat the Charge for collection and administration
purposes as if it were a County real property tax. The Director may
treat any unpaid Charge as a lien on the property to which the charge
applies.
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Sec. 2. Expedited Effective Date:
The Council declares that this legislation
is necessary for the immediate protection of the public interest. This Act takes effect
on the date on which it becomes law.
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EXPEDITED BILL NO. 45-15
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Sec. 3. Curative Effect:
This Act retroactively validates and ratifies the levy
and collection under Section 19-35 of all storm.water management charges collected
since July 1, 2013.
Expedited Bill 34-12 amended County Code Section 19-35 to subject all
properties not otherwise exempt under State law to the Water Quality Protection
Charge, allow property owners to obtain credits for undertaking certain water quality
protection measures on their properties, and authorize financial hardship exemptions
for certain owner-occupants of residential properties. The effective date of Expedited
Bill 34-12 was July 1, 2013.
In
Paul N Chod
v.
Board of Appeals for Montgomery County
(Civil No.
398704-V, entered July 23, 2015) the Circuit Court for Montgomery County opined
that the Water Quality Protection Charge "is invalid per se because this charge need
not reasonably relate to the stormwater management services provided by the
County." The County has appealed this decision. This Act is intended
to
correct the
potential defect noted by the Circuit Court
by designating the stormwater
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management charges imposed by Section 19-35 as an excise tax imposed under the
general trucing authority of Montgomery County to levy excise taxes. This Act is not
intended to alter the policy, purposes, or substance of Section 19-35.
The County Council finds that:
(a)
Montgomery County had the authority in 2013 to adopt Section 19-3 5
under the County's taxing authority-see Section 52-17;
(b)
This Act furthers the original purpose of Section 19-35 to require
individual owners of property with impervious surfaces to pay a share
of the public costs associated with mitigating and remediating the
environmental impact of storm.water runoff throughout the County;
(c)
The legal defect in the adoption of Bill 34-12 (if any) was minor,
because the County had in 2013 and continues to have the authority to
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ExPEDITED BILL NO.
45-15
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levy and collect from property owners an excise
tax
for the purpose of
producing revenue to fund the water quality protection measures needed
to ameliorate the environmental impact of stormwater runoff;
(
d)
All property owners have benefitted from water quality protection and
restoration measures made possible by the revenues generated from the
stormwater management charges imposed under Section 19-35; and
(e)
It
is just and proper that this Act take effect as of July 1, 2013 in order
that the public will continue to benefit from the water quality protection
and restoration measures undertaken and to be undertaken as a result of
the revenues provided by the Water Quality Protection Charge.
Approved:
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George Leventhal, President, County Council
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Date
Approved·
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Isiah Leggett, County Executive
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Date
This is a correct copy ofCouncil action.
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Linda M. Lauer, Clerk of the Council
Date
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