AGENDA ITEM #8A
January 20,2015
Introduction
MEMORANDUM
January 16,2015
TO:
FROM:
SUBJECT:
County Council
Amanda MihiU, Legislative
Attorne(~
Introduction:
Bill I-IS, Streets and Roads - Pennit Exemption - Purple Line
Bill 1-15, Streets and Roads - Pennit Exemption - Purple Line, sponsored by the Council President
at the request of the County Executive, is scheduled to be introduced on January 20. A public
hearing is tentatively scheduled for February 10, 2015 at 1:30 p.m.
Bill I-IS 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
Circle #
1
3
4
5
F:\LAW\BILLS\150 I Permit Exemption-Purple Line\lntro 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: ..... =o"-\n.:::..e_ _ _ _ _ __
N
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 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]
Innr
IhlFl!
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
W
The State of Maryland, including its agencies and divisions, is exempt
from any permitting requirement in Chapters
~
("Buildings"), 17
5
("Electricity"), 22 ("Fire Safety Code"), and 49 ("Streets and Roads")
for the construction of:
6
7
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
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
14
{hl
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
g private person or entity.
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 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 ofthe 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 ofthe 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
WITIDN
MUNICIPALITIES:
Yes.
PENALTIES:
None.
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!
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLI!, MARYLAND 20850
Isiah
Leggett
County Executive
MEMORANDUM
November 10, 2014
TO:
FROM:
SUBJECT:
Craig Rice, Council President
Isiah Leggett, County Executive
~~
~----­
Exemption of State Transportation Proj;/.s
fo~p~itting
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 staffis available to assist the Council as it considers this bill. Your
assistance is appreciated.
IUdj
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Fiscal Impact Statement
County Executive Bill :0:-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 Purple Line. .
.
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.
~ncludes
source of information, assumptions, and methodologies used.
The proposed
Bi1I
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 6 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.
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 affect other
duties.
Not applicable.
8.
An
estimate of 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 that
are
uncertain
or
difficult
to
project.
Not applicable.
11.
If
a bill
is
likely to have no fiscal impact, why
tba~
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 Lilie.
12. Other fIScal impacts or comments.
None.
13. The following
~ontributed
to and concurred with this analysis:
Richard Brush.
Department of Permitting Services
Diane SChwartz Jones, Department
ofPennittmg
Services
Gary
Erenrich, Department of Transportation
Dennis Hetman, Office of Management & Budget
Datb
.
i
,"
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.' I
Economic
Impact Statement
Bill
114#,
Concerning
State Projects - Purple
Line
Baekground:
This
legislation would exempt
the
State of Maryland including its agencies
and
divisions
from the
permitting
requirements of
Chapters
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 of the proposed legislation
is
to
provide
clarification regarding
the
State's
oversight of properties
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 sourees of information, assumptions, and methodologies used.
Sources of information include
the
Department ofPermitting Services
and
the Office
of
Management and Budget
2. A deserlption of
any
variable that could affect the economic impact estimates.
None
3. The
Bill's positive or negative effeet,
if
any
on"employment, spending, saving,
investment, ineomes, and propertY values
in
the County.
Because
the
proposed legislation
clarifies
the
oversight ofthe construction activities
related to the Purple Une thereby exempting the State of
Maryland
from the
permitting
requirements,
it
will
have
no economic
impact
on employment,
spending,
saving,
investment, incomes,
and
propertyvalues
in
the County.
4.
If
a Bill is Jikefy to have no economic impact,
w.by
is that the ease?
See
paragraph
#3.
5. The followiDg eontributed to or concurred with
this
analysis: David Platt
and
Rob
Hagedool'.tl, Finance; Diane Jones and
Hadi
Mansour, Permittirig Services.
Department
of
Finan~
~~
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