AGENDA ITEM #8
February 10,2015
Public Hearing
MEMORANDUM
February 6, 2015
TO:
FROM:
SUBJECT:
County Council
Amanda Mihill, Legislative
Attome~~
Public Hearing:
Bill 1-15, Streets and Roads - Permit Exemption - Purple Line
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 Transportation,
Infrastructure, Energy and Environment Committee worksession is tentatively scheduled for
February 23, 2015 at 9:30 a.m.
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
I-IS
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\PH 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]]
* * *
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
2
Sec.
1. Section 49-19B is added as follows:
49-19B. Permit exemption for the Purple Line.
3
4
5
ill
The State of Maryland, including its agencies and divisions, is exempt
from any permitting requirement in Chapters
~
("Buildings"), 17
("Electricity"), 22 ("Fire Safety Code"), and 49 ("Streets and Roads")
for the construction of:
6
7
8
9
10
11
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
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.
12
13
14
(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.
15
16
17
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LEGIS LA TIVE REQUEST REPORT
Bill 1-15
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 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.
ECONOlVIIC
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.
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··'····:1
OFFICE OF
TI:IE
COUNTY EXECUTIVE
ROCKVILLE. 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:is
ro~
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.
ILldj
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'.
i
Fiseal Impact Statement
County Executive
Bill u-14,
Permitting - State Projects - Purple Line
1. Legismtive 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 estiDiates 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 bill.
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 orexpenditu.res that are uncertain or difficult to project.
Not
applicable.
11. H a bill
is
likely to have no fiscal impact, why t.haj; 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 fonowing c.ontributed to and concurred with this analysis:
Richard Brush, Department
ofPennitting
Services
Diane
Schwartz
Jones, Department
ofPennitting Services
Gary
Erenrich, Department of Transportation
Dennis Hetman, Office of Management & Budget
Datb
.
i
"
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I
I
t·.:
Economic Impact Statement
Bm
#-#, Concerning State Projects - Purple Line
Background:
This legislation would exempt
the
State ofMaryIand including its agencies and divisions
from the permitting requirements ofChapter8 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.
Th.e
pwpose ofthe
proposed
legislation
is
to
provide clsrification 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
sources ofinformation, assumptions, and methodologies
used.
Sources of information include
the
Department ofPermitting Services
and
the Office
ofManagement and Budget
2. A deseription of any variable that could affect the economic impact estimates.
None
3. The Bill's positive or negative effect,
if
any
00'
employment, speocHng, saving,
investment, incomes, 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
permiUing requirements,
it
will have no economic impact on employment, spending,
saving, investment, incomes, and property values
in
the
Couilty.
4. H a Bill is
JikeIy
to have no economic impact, why is that
the
case?
See
paragraph #3.
5. The fonowing Contributed
to
or coocurred
with
this aoalysis: David Platt
and
Rob
Hagedoom,
Finance; Diane Jones
and
Hadi
Mansour, Perm.ittirig Services.
Department
ofFinan~
~D~
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