(a) Generally. The purposes of the Department of Technology and Enterprise Business Solutions are to: (1) promote the appropriate use of automated information systems and telecommunications technology by the County government; (2) plan, develop, and ensure the proper operation of the County government's telecommunications capabilities, with special emphasis on the long-term issues of connectivity and compatibility; (3) ensure that the County government provides automated information services; (4) review decentralized process support systems for consistency with overall policy and compatibility with other governmental systems; and (5) promote the sharing of data and information technology systems among the departments and agencies, subject to the state public records act. (b) Duties. The Department must: (1) operate the County's central computer system and provide technical support necessary to: (A) generate and maintain the software of all systems; (B) assess requirements for computer hardware and software; and (C) supervise network control activities; (2) administer each cable communications or other telecommunications franchise granted by the County Council and any other telecommunications agreement involving or regulated by the County; (3) operate and manage all telecommunications facilities owned or controlled by the County, including the County fiber-optic data network, telephone system, Internet service, cable television transmissions, and public safety communications; (4) make County policy recommendations; (5) establish standards for automated information systems and telecommunications; (6) plan and oversee the installation and support of departmental and enterprise automated information systems, including public safety communications systems, local- and wide-area networks, enterprise servers, and the desktop computer replacement program, under written policies approved by the Chief Administrative Officer (CAO); (7) maintain a geographic database of all installed telecommunications facilities in the County for which the County has any legal authority to require data, or is able to obtain voluntarily or through a third-party; (8) approve, deny, or modify all requests for telecommunications and information processing facilities before acquisition; and (9) advise the County Council on the acquisition of telecommunications and information processing systems, although the Council has the final authority to acquire facilities and systems for its own use. (c) Chief Information Officer. The Director of Technology and Enterprise Business Solutions serves as the County’s Chief Information Officer (CIO). The CIO, under the supervision of the Chief Administrative Officer, must: (1) serve as chair of the Information Technology Policy Advisory Committee; (2) review and approve any proposed procurement of information technology for the County government to ensure that the proposed procurement is consistent with approved information technology policies and standards, unless the Director of Procurement appeals the CIO’s decision to the Chief Administrative Officer to resolve; (3) plan, direct, and manage each major information technology project of the County government, under written policies approved by the CAO; (4) submit a plan to the County Council by February of each year for the County’s use of any information technology resources that a person was required to provide under a cable or other telecommunications franchise granted by the Council under Chapters 8A or 49; (5) administer each cable television or other telecommunications franchise granted by the Council strictly according to law, the approved franchise agreement, and any franchise administration policies established by the Council by resolution; (6) provide technical assistance to the Interagency Technology Policy and Coordination Committee or any successor organization; (7) serve as the County government’s liaison with other County, State, regional, and federal government agencies, such as the Montgomery County Public Schools, Montgomery College, the Washington Suburban Sanitary Commission, and the Maryland-National Capital Park and Planning Commission, to promote efficiency and, to the extent practical, consistent standards and interoperability of information technology among the County government and these agencies; and (8) perform the duties described in Section 2-58E to coordinate all telecommunications transmission facilities in the County. (d) Information Technology Policy Advisory Committee. (1) The Information Technology Policy Advisory Committee includes: (A) the Director of Finance; (B) the Director of the Office of Management and Budget; (C) the Director of General Services; (D) the Director of the Office of Human Resources; (E) the County Attorney; (F) the Chief of Police; (G) the Fire Chief; (H) the Director of Transportation; (I) the Director of Health and Human Services; and (J) any other head of a County agency, department, or office listed in Executive regulations approved under method 2. (2) The members listed in paragraph (1) serve as permanent, ex officio voting members. (3) The Committee must: (A) establish and frequently review, at least twice a year, information technology policies and standards for the County government that: (i) promote efficient delivery of government services to the public; (ii) are cost-effective; (iii) promote, to the extent practical, interoperability with other public and private information technology systems; (iv) ensure the accuracy, integrity, and security of information created by or entrusted to the County government; and (v) comply with federal, State, and local laws; (B) monitor information technology developments and promptly advise the Executive and Council about potential impacts of new technology; (C) review and advise the CIO on any proposed procurement of information technology for the County government that exceeds an amount established by Executive regulation; and (D) make recommendations to the CIO regarding the use of any information technology resources that a franchisee was required to provide under a cable television or other telecommunications franchise granted by the Council. (e) Non-merit positions. The positions of Chief Technology Officer, Chief Broadband Officer, Chief Digital Officer, and Chief Operating Officer are non-merit positions. (a) If, on the effective date of this Act, an employee who occupies a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights; and (2) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service. (b) An employee who, on the effective date of this Act, is in a probationary period for a position that this Act converts to a non-merit position: (1) that employee retains all merit system rights upon successful completion of the probationary period; and (2) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service. (a) that employee retains all merit system rights; and (b) the position does not become a non-merit position until that employee leaves the position through transfer, promotion, demotion, retirement, or other separation from service.

(a) The Chief Information Officer must establish and maintain a process to coordinate the location of public and private transmission facilities in the County. The County Executive must issue regulations to implement this process, including time limits for any review of a siting decision by the CIO or the CIO’s designee or contractor, or the Transmission Facility Coordinating Group. The Executive may adopt regulations under method (3) to set fees for reviewing and coordinating the siting of each proposed transmission facility that requires a building permit, special exception, or other County approval. The regulations may set different fees for certain categories of applicants to reflect different costs to the County to review and coordinate the siting of facilities by that type of applicant. The Executive must establish, and may modify, fee categories by method (2) regulation. (b) As used in this Section: (1) transmission facility means any telecommunications facility or radio and television broadcasting tower, including any antenna, tower, monopole, or other structure used primarily to receive or transmit wireless voice, data, or image information (or any combination of them): (2) land use agency means the Planning Board, the County Board of Appeals, the Department of Environmental Protection, and any other public agency or body with jurisdiction over the siting of any transmission facility, including any municipal land use agency or body; and (3) land-owning agency means any government agency which owns or controls any land on which a transmission facility is located or proposed to be located. (c) As part of the coordination process set up under subsection (a), the Director’s designee or contractor must: (1) maintain a database of all transmission facilities located in the County, including any that the Director knows are proposed to be located in the County; (2) serve as a central source of information and a technical resource on the siting of transmission facilities for land use agencies, land-owning agencies, private landowners, telecommunications carriers, and the public; (3) in order to promote the appropriate and efficient location and co-location of transmission facilities and minimize any adverse impact on other land uses in the County and on transmission facilities used by government agencies: (A) review the siting of each proposed transmission facility; (B) advise any land use agency or land-owning agency on the technical rationale at that location for any transmission facility and whether it qualifies under County land use laws as a public or private use; and (C) recommend to any land use agency a decision on any pending siting issue, including any appropriate provisions governing removal of the facility after its useful life concludes and the posting of a bond to guarantee removal; (4) assist public participation in the process of siting transmission facilities; and (5) report annually to the County Executive and County Council on transmission facility siting and policy issues. (d) (1) The Director must convene a Transmission Facility Coordinating Group and select a chair from among its members. The Group consists of the Director’s designee or contractor and a designee of: (A) the Planning Board; (B) the Office of Management and Budget; (C) the cable television administrator in the Department of Technology and Enterprise Business Solutions; (D) the Department of Transportation; (E) the Department of Permitting Services; and (F) any other County, bi-county, or municipal department or agency which the Director invites to send a designee. (2) The Group must: (A) review and comment, with due regard for the schedule in any pending action or proceeding, on any pending transmission facility policy or siting issue; and (B) facilitate communications between the member agencies on transmission facility policy and siting issues. The Group’s comments in any quasi- judicial proceeding must be placed on the proceeding record and made available to all parties. (e) Each land-owning agency in County government, and any other land-owning agency which receives County funding, must submit to the Director a transmission facility location plan. The plan must clearly indicate the location of every existing and the general location of any proposed transmission facility on land owned or controlled by the department or agency. The department or agency must update the plan each year. (f) Every applicant for a building permit or special exception for a transmission facility must submit to the Director a transmission facility location plan if a plan from the applicant is not already on file. The plan must clearly indicate the location of every existing and the general location of any proposed transmission facility owned or controlled by the applicant. The applicant must update the plan each year. The Director must not disclose any information in the plan which qualifies as confidential under the state public information law to any person except the Director’s designee or contractor and the other members of the Transmission Facility Coordinating Group, and they must not disclose any such information to any other person. (a) Annual fee. $1,000 a year, for reviewing each applicant's annual plan and providing access to certain County Geographic Information Service (GIS) data about existing telecommunications transmission facility sites. (b) Minor modification. $500, for reviewing an application to take any of the following actions at a single site: (1) modify one or more existing antennas; (2) add an antenna that would not alter the dimensions of the support structure; or (3) modify or add equipment that would not expand the approved ground space. (c) Multiple modification. $1,500, for reviewing an application to modify, or replace with a similar item, an antenna or equipment at 2 or more existing sites in a manner that would not change the support structure or the ground occupied by the telecommunications facility or require any other County approval. (d) Co-location on existing structure. $1,800, for reviewing an application to install additional antennas on an existing support structure in a zone where the structure is a permitted use under Chapter 59. (e) New support structure - permitted use. $2,500, for reviewing an application to construct a new support structure where permitted by Chapter 59. (f) New support structure - special exception. $3,000, for reviewing an application to construct a new or modified support structure that would require, under Chapter 59: (1) approval or modification of a special exception; or (2) review under the mandatory referral process.