AGENDA ITEM 11
April 26, 2016
Public Hearing
MEMORANDUM
April 22, 2016
TO:
FROM:
SUBJECT:
County Council
Amanda MihiU, Legislative Attomeyc4rVclJJJJ
Public Hearing:
Expedited Bill 11-16, Stormwater Management - Water Quality
Protection Charge - Grants - Credits
Expedited Bill 11-16, Stormwater Management - Water Quality Protection Charge Grants­
Credits, sponsored by Lead Sponsor Council President on behalf of the County Executive, was
introduced on April 5, 2016. A Transportation, Infrastructure, Energy and Environment
Committee worksession is tentatively scheduled for May 5.
Expedited Bill 11-16 would:
authorize establishment ofa watershed restoration grant program for certain owners
of improved aircraft landing areas to offset the cost ofthe Water Quality Protection
Charge;
clarify the eligibility criteria for a property owner to receive a Water Quality
Protection Charge credit;
expand the timeframe for a property owner
to
appeal the denial of a request for a
credit or adjustment ofthe amount ofthe Water Quality Protection Charge billed to
the property owner; and
generally amend County law regarding the Water Quality Protection Charge.
A companion regulation, attached for informational purposes, is on ©15.
This packet contains:
Expedited Bill 11-16
Legislative Request Report
Memo from County Executive
Fiscal and Economic Impact statements
Executive Regulation 12-16
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Expedited Bill No. --:..1.....
1-...:..16:..-_ _ __
Concerning: Stormwater Management ­
Water Quality Protection Charge­
Grants-Credits
Revised:
~--:---:-:--=-::-::-:
Draft No.
Introduced:
April 5, 2016
Expires:
October 5. 2017
Enacted: _ _ _ _ _ _ _ _ __
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:
(l)
authorize establishment of a watershed restoration grant program for certain
owners of improved aircraft landing areas to offset the cost of the Water Quality
Protection Charge;
clarify the eligibility criteria for a property owner to receive a Water Quality
Protection Charge credit;
expand the time frame for a property owner to appeal the denial of a request for a
credit or adjustment of the amount of the Water Quality Protection Charge billed
to the property owner; and
generally amend County law regarding the Water Quality Protection Charge.
(2)
(3)
(4)
By amending
Montgomery County Code
Chapter 19, Erosion, Sediment Control and Storm Water Management
Sections 19-29A and 19-35
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[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 unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 11-16
1
Sec.
1.
Sections 19-29A and 19-35 are amended as follows:
19-29A. Watershed restoration grants program.
2
3
4
*
(c)
*
*
offset the
cost
[to eligible
The Director of Environmental Protection may also establish a
supplemental grant program to
5
6
7
homeowners' associations] of paying the Charge assessed under
Section 19-35 [for those private roads which are:
8
(1)
open to the public without restriction;
(2)
not parking lots; and
(3)
eligible to receive State highway user revenue] to an owner of
an improved aircraft landing area that is exempt from County
property taxes under Maryland Code, Tax-Property Art.
§8-302.
19-35.
Water Quality Protection Charge.
9
10
11
12
13
14
15
*
(e)
(1)
*
*
16
17
18
19
A property owner may apply for, and the Director of
Environmental Protection must grant, a credit equal to a
percentage, set by regulation, of the Charge if:
[(A) the property contains a stormwater management system
that is not maintained by the County;
(B) the owner participates in a County-approved water
quality management practice or initiative;]
20
21
22
23
[(C)]
®
the property contains
~
stormwater management system
24
25
26
for which the County does not perform structural
maintenance that either treats on-site drainage only or
both on-site drainage and off-site drainage from .other
properties located within the same drainage area; or
27
@
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ExPEDITED BILL NO.
11-16
28
29
30
31
32
33
34
[(D)]
@
the property does not contain a stormwater management
system, but is located in the same drainage area as
another that contains a stormwater management system
for which the County does not perform structural
maintenance and both properties have the same owner.
(2)
To receive the credit, the property owner must apply to the
Director of Environmental Protection in a form prescribed by
the Director not later than September 30 of the year that
payment of the Charge is due. Any credit granted under this
subsection is valid for 3 years.
35
36
37
38
39
ill
The Director of Environmental Protection may revoke
granted under paragraph
~
credit
ill
if the property owner does not
40
41
continue to take the measures needed to assure that the
stormwater management system remains in proper working
condition
Qy
correcting any deficiencies discovered
Qy
the
Director during
not reinstate
~
~
42
43
44
45
maintenance inspection. The Director must
revoked credit until the property owner has
sufficiently corrected the deficiencies to fully satisfy the
property owner's maintenance obligations under Section 19-28.
[(3)]
46
47
ill
The owner of an owner-occupied residential property, or any
non-profit organization that can demonstrate substantial
financial hardship may apply for an exemption from all or part
of the Charge for that property, based on criteria set by
regulation. The owner or organization may apply for the
exemption to the Director of Finance not later than September
30 of the year that payment of the Charge is due.
48
49
50
51
52
53
54
*
*
*
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EXPEDITED BILL
No.
11-16
55
56
57
(h)
A person that believes that the Director of Environmental Protection
has mistakenly assigned a Charge to the person's property or
computed the Charge incorrectly may apply to the Director of
Environmental Protection
in
writing for a review of the Charge, and
request an adjustment to correct any error, not later than September 30
of the year that payment of the Charge is due.
An
aggrieved property
owner may appeal the Director's decision to the County Board of
Appeals within
[10]
30 days after the Director issues the decision.
58
59
60
61
62
63
64
65
66
(i)
A person that believes that the Director of Environmental Protection
has incorrectly denied the person's application for a credit or
exemption under subsection (e) may appeal the Director's decision to
the County Board of Appeals within
[10]
30 days after the Director
issues the decision.
67
68
69
'"
Sec. 2.
'"
'"
The Council declares that this
Expedited Effective Date:
70
legislation is necessary for the immediate protection of the public interest. This
Act takes effect on the date on which it becomes law.
71
72
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LEGISLATIVE REQUEST REPORT
Expedited Bill 11-16
Stormwater Management
Water Quality Protection Charge-Grants--Credits
DESCRIPTION:
Expedited Bill 11-16 would clarify the eligibility criteria for a property
owner to receive a credit against the Water Quality Protection Charge
and extend the property owner's timeframe to appeal a Director's
decision.
It
would also authorize establishment of a watershed
restoration grant program for the owners of certain improved aircraft
landing areas used by the public to offset the cost of the Charge.
The owners of some properties that contain stormwater management
systems maintained by the County have become eligible to receive
credits against the Water Quality Protection Charge based on criteria
that do not require the property owner to maintain the system. Also,
the timeframe within which a property owner must request a credit or
to challenge the amount ofthe Charge billed to that property owner is
inadequate. The Montgomery County Airpark cannot divert
additional air traffic to the County's only nearby private airport
without the private airport expanding its airstrip. The private airport
does not charge a fee for landing ofaircrafts but is assessed the Charge
for the impervious surface area ofthe airstrip, which the owner wishes
to expand to receive the additional diverted traffic.
To incentivize property owners to treat stormwater runoff from their
properties by using and maintaining the most effective stormwater
management systems for reducing the discharge of pollutants to the
maximum extent practicable; to allow property owners more time to
appeal the denial of a request for a credit or adjustment ofthe amount
of the Water Quality Protection Charge billed to the property owner;
and to offset the cost of paying the Charge through a watershed
restoration grant program for certain owners of improved aircraft
landing areas that are
used
by the public.
Department of Environmental Protection
See Fiscal Impact Statement.
See Economic Impact Statement
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC IMPACT:
EXPERIENCE
ELSEWHERE:
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ExPEDITED BILL
No.
11-16
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Vicky Wan, Department of Environmental Protection, 240-777-7722
N/A
N/A
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OFHCEOFTHECOUNTYEXEaU-nVE
ROCKVILLE. MARYLAND 20850
Isiah Leggett
County Executive
MEMORANDUM
March 24, 2016
TO:
FROM:
SUBJECT:
Proposed Legislation Regarding Stormw ter Management - Water Quality
Protection Charge
The purpose of this memorandum is to transmit for introduction an expedited bill
that modifies the Water Quality Protection Charge grant and credit programs. I am also
attaching a Legislative Request Report and Fiscal and Economic Impact Statements for the bill.
Because the changes are also included in the Executive Regulations governing the Charge
program, I
am
also transmitting for informational purposes, the proposed regulations which
makes conforming changes consistent with this bill.
The bill amendments are as follows:
1. Establish a watershed restoration grant program for certain owners of
improved aircraft landing areas to offset the cost of the Water Quality
Protection Charge - The only private airport in Montgomery County that is
exempt from county property taxes under Section 8-302 of the Tax-Property
Article, Maryland Code, allows for the public use of its airstrip for aircraft
landing free of service charges and that airstrip is assessed a Water Quality
Protection Charge. To offset the cost of paying the Charge, a property that
meets the above definition can apply for a grant through the watershed
restoration grant program.
2. Clarifies the eligibility criteria for a property owner to receive a credit - This
section previously was ambiguous. Clarifying language has been added to
clarify
the intent that a credit will only be provided to property owners that
montgomerycountymd.gov/311
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240-773-3556 TTY
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·'j
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Nancy Floreen, Council President
March 24, 2016
Page 2
maintain stonnwater management systems which the County does not have
cost liabilities in perfonning structural maintenance.
3. Credit revocation - Currently a property owner can still be granted a credit
even if a stonnwater management system is found to be in non-working
condition under Section 19-28, Inspection and Maintenance of Stonnwater
Management Systems. Language is added to allow DEP the ability
to
revoke
a credit if the property owner does not correct deficiencies to satisfy the
property owners' maintenance obligations under Section 19-28.
4. Extend the property owner's timeframe to appeal a Director's decision­
Currently a property owner has 10 days after a Director issues the decision to
appeal. This extends the timeframe to 30 days to give those property owners
additional time to properly prepare a response.
The amendments to the accompanying Regulations are as follows:
1. Eligibility - Creates a credit eligibility section that clearly states that the
stonnwater management system must be maintained by the property owner
exclusively and in accordance to the maintenance requirements under Section
19-28 of the Code for the property owner to be eligible to receive a credit.
2. Credit Awards ­
i.
Changes the credit award from being dependent on the type of stonnwater
management facility to now be based on the proportion of the volume of
water treated by the stormwater management system.
ll.
Increases
the maximum credit for a nonresidential or multifamily
residential property to 100 percent for treatment of adjacent properties.
.
;:
lll.
Change the maximum credit for complete onsite treatment of stormwater
to 60 percent based on the county's impervious surface of 60 percent
privately owned and 40 percent publically owned.
3. Credit revocation - Adds language to allow DEP the ability to revoke a credit
if the property owner does not correct deficiencies to satisfy the property
owners' maintenance obligations under Section 19-28.
4. Timeframe to appeal a Director's decision - Increases the timeframe for a
property owner to appeal a Director's decision from 10-days to 30-days.
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Nancy Floreen, Council President
March 24, 2016
Page 3
5. Watershed Restoration Grant- Adds language
to
allow a grant program for
certain owners of improved aircraft landing areas to offset the cost of the
WQPC.
If you have any questions about this bill, please contact Lisa Feldt, DEP Director
at 240-777-7781.
Attachments: (5)
Bill
XX-16
Legislative Request Report
Fiscal Impact Statement
Economic Impact Statement
Draft Executive Regulation
XX-16
c:
Joseph Beach, Director. Department of Finance
Jennifer Hughes. Director, Office of Management and Budget
Marc Hansen, County Attorney
Lisa Feldt, Director, Department of Environmental Protection
Bonnie Kirkland, Assistant Chief Administrative Officer
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